Miller v. Smith
U.S. Circuit Court for the District of Massachusetts
Assumpsit for goods sold and delivered. Plea, the general issue. At the trial it was proved, that the defendant [Caleb Smith] in March last purchased of Messrs. Athearn and Williams, commission merchants of Boston, .who were the consignees and agents of the plaintiff, 100 kegs of Miller’s No. 3 tobacco, at eleven and a half cents per pound, at six months’ credit, amounting in the whole to §795.80; under an express representation, that the tobacco was as good as Messrs.
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Assumpsit for goods sold and delivered. Plea, the general issue. At the trial it was proved, that the defendant [Caleb Smith] in March last purchased of Messrs. Athearn and Williams, commission merchants of Boston, .who were the consignees and agents of the plaintiff, 100 kegs of Miller’s No. 3 tobacco, at eleven and a half cents per pound, at six months’ credit, amounting in the whole to §795.80; under an express representation, that the tobacco was as good as Messrs. Athearn and Williams had before sold to the defendant of Miller’s No. 3 tobacco, and as good as the defendant had previously…
1Opinion of the Court
STOUT, Circuit Justice.
There is no pre-tence in this case, that the representation was fraudulent. It was made,' as all parties agree, innocently, under a misapprehension of the state of the tobacco, which had not been examined by the consignees. I think, that the consignees had authority to make the representation, and that the plaintiff is bound by it. When the plaintiff sent the tobacco to the consignees for sale, there was an implied authority to represent the article to be, what it was marked and described to be. The representation of the consignees went no farther than this, that the…
2Cited by14 opinions
- Withers v. GreeneSupreme Court of the United States · 1850
- Young v. New Pedrara Onyx Co.California Court of Appeal · 1920
- Getty v. RountreeWisconsin Supreme Court · 1850
- Wynn v. HidayIndiana Supreme Court · 1828
- Blanchard v. . TrimNew York Court of Appeals · 1868
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