Boston Iron Co. v. Hale
Superior Court of New Hampshire
Assumpsit, upon an account annexed, in which the defendant was charged, 1828. Feb. 9. — —45 bundles Shoe Shapes,! ton, 10 lbs, at $115, - - $115 51. Discount for cash, 3 per cent..3 40. $112 05. On the trial, it appeared in evidence that in Feb. 1828, the defendant delivered to one James C. Sewall, who was then going to Boston, $112, with directions on the envelope to purchase for him a ton of manufactured iron shoe shapes, at a given price, with a discount for cash,…
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Assumpsit, upon an account annexed, in which the defendant was charged, 1828. Feb. 9. — —45 bundles Shoe Shapes,! ton, 10 lbs, at $115, - - $115 51. Discount for cash, 3 per cent..3 40. $112 05. On the trial, it appeared in evidence that in Feb. 1828, the defendant delivered to one James C. Sewall, who was then going to Boston, $112, with directions on the envelope to purchase for him a ton of manufactured iron shoe shapes, at a given price, with a discount for cash, observing that it might be bought at that price of the plaintiffs, and instructed him, if he had not time to make the purchase,…
1Opinion of the CourtParker, J.
The goods in this case were purchased by an agent of the defendant, and came to his use. This is prima facie sufficient to charge him with the payment of the value, but it is not conclusive against him.
It appeared in evidence, that prior to the purchase he furnished the agent with money, and directed a purchase of iron for cash. The agent had no authority, therefore, in this particular instance to pledge the credit of the defendant. 1 Shower 95; 5 Esp. N. P. C. 76, Rusby vs. Scarlett; 3 Esp. 214, Pearce vs. Rogers; Peake’s N. P. C. 47, Stubbing vs. Hintz; Payley on Agency 137.
Nor does it…
2Cited by1 opinion
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