Lauten v. Rowan
Supreme Court of New Hampshire
Assumpsit, for the balance of an account of liquors. Facts found by a referee. The defendant, a resident of New Hampshire, sent orders for liquors, at different times, to the plaintiff, a resident of Massachusetts. The sales were completed by delivery, at different times, to a common carrier in Massachusetts.
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Assumpsit, for the balance of an account of liquors. Facts found by a referee. The defendant, a resident of New Hampshire, sent orders for liquors, at different times, to the plaintiff, a resident of Massachusetts. The sales were completed by delivery, at different times, to a common carrier in Massachusetts. The defendant was not a town agent for the sale of spirit; and this was known to the plaintiff, who was a state agent, appointed by the governor of New Hampshire, for selling spirituous liquor to town agents. oThe plaintiff was licensed to sell liquors in Massachusetts, May 31, 1875; and…
1Opinion of the CourtDoe, C. J.
The statute, requiring the appointment of a state agent to furnish town agents with pure liquors, does not withdraw this case from the operation of the common-law principle which authorizes the enforcement here of the contracts that were legal in Massachusetts. Gen. Laws, c. 109. The plaintiff was an agent of the state in a limited and peculiar sense. It does not appear that his making in Massachusetts a sale, valid by the law of that state, was a breach of his fiduciary duty.
If the defendant had not paid any particular part of the account by the remittance of $89.50, but had sent that sum as…
2Cases cited7 opinions
- Tayloe v. T. & S. SandifordSupreme Court of the United States · 1822
- Emery v. TichoutSupreme Court of Vermont · 1841
- Phillips v. MosesSupreme Judicial Court of Maine · 1876
- Treadwell v. MooreSupreme Judicial Court of Maine · 1852
- Bangor Boom Corp. v. WhitingSupreme Judicial Court of Maine · 1848
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