Strong, Whitney & Co. v. Dodds
Supreme Court of Vermont
Book Account. The auditor reported as follows : “ The plaintiffs are a firm located and doing business as wholesale dealers in dry goods in Albany, New York. The defendant was a merchant residing and doing business in North Hero.
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Book Account. The auditor reported as follows : “ The plaintiffs are a firm located and doing business as wholesale dealers in dry goods in Albany, New York. The defendant was a merchant residing and doing business in North Hero. On the 16th of November, 1872, one James E. Gilbert, who was then acting as travelling agent and salesman for the plaintiffs, called at the defendant’s store, and the defendant, through his son, Orlo S. Dodds, who was then acting as clerk for his father, and had authority to purchase goods for him, verbally ordered a bill of goods of said Gilbert. Gilbert mailed to…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
I. The auditor correctly excluded the witness offered to show the admissions of James F. Gilbert. Gilbert was the agent of the plaintiffs in making the sale of the goods, and went to the witness, a practicing attorney, to have him bring a suit to enforce payment for the goods. The witness so far entered into the employment of the plaintiffs as to hear Gilbert’s account of the transaction, and then declined to bring the suit, for the sole reason that he did not think a suit could be maintained. On being asked to bring a suit for the plaintiffs,…
2Cases cited5 opinions
- Montgomery v. EdwardsSupreme Court of Vermont · 1873
- Earle v. GroutSupreme Court of Vermont · 1873
- Spencer v. HaleSupreme Court of Vermont · 1858
- Gorham v. FisherSupreme Court of Vermont · 1858
- Green v. MerriamSupreme Court of Vermont · 1856
3Cited by18 opinions
- Lew Moy v. United StatesCourt of Appeals for the Eighth Circuit · 1916
- Walker v. KeelingCourt of Appeals of Texas · 1942
- Taplin v. Hinckley Fibre Co.Supreme Court of Vermont · 1923
- Hausman v. NyeIndiana Supreme Court · 1878
- LaFountain & Woolson Co. v. BrownSupreme Court of Vermont · 1917
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