Austin v. Ricker
Supreme Court of New Hampshire
Assumpsit, to recover the proceeds of goods sold on commission. Facts found by a referee. The plaintiff sent the goods from Canaan, Vt., to the railroad at North Stratford, N. H., by one Green, and he forwarded them thence to the defendant, with a letter requesting the defendant to sell them and send the money to Canaan in care of Green.
Read the full summary
Assumpsit, to recover the proceeds of goods sold on commission. Facts found by a referee. The plaintiff sent the goods from Canaan, Vt., to the railroad at North Stratford, N. H., by one Green, and he forwarded them thence to the defendant, with a letter requesting the defendant to sell them and send the money to Canaan in care of Green. The goods reached the defendant November 1, 1871. He sold them, and, December 28, 1871, sent the plaintiff an account of the sales, with an order on Green for the balance, which the plaintiff received. On this account the plaintiff was charged with the amount…
1Opinion of the CourtStanley, J.
The plaintiff, if he did not accept the account rendered as a correct statement of the account between himself and the defendant, was bound to notify him within a reasonable time of his objections. No objection being made within a reasonable time, the defendant was justified in treating the plaintiff’s silence as an admission that the’ account as rendered was just and true, and that he was willing to be bound by it. Rich v. Eldredge, 42 N. H. 151, 158 ; Lockwood v. Thorne, 11 N Y. 170, 174 —S. C., 18 N. Y. 285 ; Philips v. Belden, 2 Edw. Ch. 1; 1 Sto. Eq. Jur., s. 526.
The question what was a…
2Cases cited4 opinions
- Lockwood v. . ThorneNew York Court of Appeals · 1858
- Philips v. BeldenNew York Court of Chancery · 1833
- Lawrence v. Ocean InsuranceNew York Supreme Court · 1814
- Aymar & Aymar v. BeersNew York Supreme Court · 1827
3Cited by1 opinion
- Connolly v. Manchester Savings BankSupreme Court of New Hampshire · 1942