Grover & Baker Sewing Mach. Co. v. Clinton
U.S. Circuit Court for the District of Western Wisconsin
This was an action of assumpsit, by the Grover & Baker Sewing Machine Company, against A. T. Clinton, R. C. Douglass and E. D. Loomis, their agents in La Crosse, to recover a balance of one thousand six hundred and thirty dollars and seventy-one cents.
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This was an action of assumpsit, by the Grover & Baker Sewing Machine Company, against A. T. Clinton, R. C. Douglass and E. D. Loomis, their agents in La Crosse, to recover a balance of one thousand six hundred and thirty dollars and seventy-one cents. Since the 1st of April. 1872, defendants, who were merchants at La Crosse., had been the plaintiff's agents in the sale of sewing machines, receiving a commission of thirty-five per cent, of the retail price, and accounting and.paying over the balance of sales monthly. The defendants, prior to the commencement of this suit, had been adjudicated…
1Opinion of the Court
HOPKINS, District Judge.
It seemed to be taken for granted, on the argument, that the state statute authorized an arrest upon such a state of facts. Taylor’s St. p. 1452. That question may not be quite as clear as claimed. The etate statute, however, is very much broader than the bankrupt act, and allows arrests in all actions of tort, and for money received and misapplied by an agent, factor or broker. In assuming the liability of the defendants to arrest under the state laws, it is doubtful whether due Importance was given to the fact, which appears undisputed in this case, that the proceeds…
2Cases cited2 opinions
- Cronan v. CottingMassachusetts Supreme Judicial Court · 1870
- Cotton v. SharpsteinWisconsin Supreme Court · 1861
3Cited by5 opinions
- Woodward v. TowneMassachusetts Supreme Judicial Court · 1879
- Boyd v. Agricultural InsuranceColorado Court of Appeals · 1904
- Donovan v. CornellNew York Court of Common Pleas · 1885
- Boyd v. Agricultural InsuranceColorado Court of Appeals · 1904
- Donovan v. CornellNew York Court of Common Pleas · 1886