Maxwell v. Brown
Supreme Judicial Court of Maine
ON EXCEPTIONS, HOWARD, J., presiding. Assumpsit to recover the price oftwo hundred and eighty four tons of coal shipped on board the "schooner Gen. Hersey,” at $3,65 per ton. The plaintiffs resided at Delaware City, in the State of Delaware, and the defendant at Portland, in this State. One of the plaintiffs called on defendant at his place of business and wanted to introduce their coal there; said it was the same kind that had previously been sold by the witness to Brown.
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ON EXCEPTIONS, HOWARD, J., presiding. Assumpsit to recover the price oftwo hundred and eighty four tons of coal shipped on board the "schooner Gen. Hersey,” at $3,65 per ton. The plaintiffs resided at Delaware City, in the State of Delaware, and the defendant at Portland, in this State. One of the plaintiffs called on defendant at his place of business and wanted to introduce their coal there; said it was the same kind that had previously been sold by the witness to Brown. Brown wanted some of the egg size and some broken coal. Plaintiff said the price of it was $3,65. The defendant said “…
1Opinion of the CourtAppleton-, J.
— This is an action of assumpsit in which the plaintiffs seek to recover of the defendant the price of two hundred and eighty-four tons of coal, alleged to have been shipped at Philadelphia on board the schooner Gen. Hersey.
From the evidence, as reported, it appears, that one of the plaintiffs, who are merchants residing at Philadelphia, called on the defendant at Portland and proposed to sell him a quantity of coal; that the price was to be $3,65, per ton; that after some conversation on the subject the defendant said “ well, you may send me a cargo ;” that something was said about sending a…
2Cases cited1 opinion
- Outwater v. DodgeNew York Supreme Court · 1831
3Cited by7 opinions
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