Backman v. Wright
Supreme Court of Vermont
Agency. Illegal sale. Appropriation of payments. Book Account. The plaintiff’s account was for four bills of liquors sold to the defendant. The plaintiff was a wholesale dealer in liquors in the city of New York, and employed one William. W. Drew, by the year, for a salary, to solicit orders, in this state, upon him for liquors.
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Agency. Illegal sale. Appropriation of payments. Book Account. The plaintiff’s account was for four bills of liquors sold to the defendant. The plaintiff was a wholesale dealer in liquors in the city of New York, and employed one William. W. Drew, by the year, for a salary, to solicit orders, in this state, upon him for liquors. In May, 1852, Drew in the course of his business called upon the defendant who kept a tavern in Sheldon, in this state, and through him the first, and subsequently the third and fourth bills were ordered. The second bill was for two barrels of rum which the defendant…
1Opinion of the Court
The opinion of court was delivered by
Redfield, Ch. J.
I. The first question made in this case is in regard to the plaintiff’s right to recover for the liquor, the sale of which was negotiated through the plaintiff’s agent, Drew. Drew was the plaintiff’s agent for the purpose of soliciting sales in this state. His agency seems to have been general upon the subject, and not limited to such persons as had license to sell; and he seems perfectly ready to contract or forward orders from persons having no license. Notice to the agent is notice to the principal in that particular transaction. And…
2Cases cited3 opinions
- Bancroft v. DumasSupreme Court of Vermont · 1849
- Territt v. BartlettSupreme Court of Vermont · 1849
- Wood v. BarneySupreme Court of Vermont · 1829
3Cited by7 opinions
- Hart v. StateMississippi Supreme Court · 1905
- Starace v. RossiSupreme Court of Vermont · 1897
- Beverwick Brewing Co. v. OliverSupreme Court of Vermont · 1897
- Edwards v. RumphSupreme Court of Arkansas · 1886
- Jones & Tibbets v. HardSupreme Court of Vermont · 1860
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