Wilder v. Colby
Massachusetts Supreme Judicial Court
Contract. Writ dated June 3, 1881. The declaration was as follows: The plaintiff says the defendant owes him $57.10, with interest thereon from the 8th day of February, 1881, for 1400 cigars sold and delivered to him.
Read the full summary
Contract. Writ dated June 3, 1881. The declaration was as follows: The plaintiff says the defendant owes him $57.10, with interest thereon from the 8th day of February, 1881, for 1400 cigars sold and delivered to him. Answer, a general denial. •Trial in the Superior Court, before Blodgett, J., who allowed a bill of exceptions, which, after stating that the pleadings might be referred to, was, in substance, as follows: The plaintiff offered evidence tending to show that on June 7, 1880, he consigned to the defendant $294 worth of cigars, at prices named in the bill of consignment, to be sold…
1Opinion of the Court
Morton, C. J,
A count in indebitatus assumpsit for goods sold upon a credit will not lie until the credit has expired. Such a count imports an allegation either that there was no credit or that it has expired. Hunneman v. Grafton, 10 Met. 454. Morrison v. Clark, 7 Cush. 213.
In this case, the plaintiff’s evidence showed that he consigned the goods to the defendant in June 1880; that in February 1881, negotiations were had between the parties as to a sale of the balance remaining in the hands of the defendant. Regarding the plaintiff’s evidence in the light most favorable to him, the utmost that…
2Cited by5 opinions
- Landis v. MorrisseyCalifornia Supreme Court · 1886
- Waterhouse v. LevineMassachusetts Supreme Judicial Court · 1903
- People's State Bank v. SmithNebraska Supreme Court · 1930
- Freeman v. HedringtonMassachusetts Supreme Judicial Court · 1910
- Barton v. Automobile InsuranceMassachusetts District Court, Appellate Division · 1940