Bliss v. Arnold, Leggitt & Lapham
Supreme Court of Vermont
This was an action on the case, and the plaintiff declared as follows: — ■ “ Fflf that the plaintiff, at the city of New-Yoik aforesaid, on, &c., at the special instance and request of the defendants, deli veiled to the said defendants a certain cask of cheese, and the defendants did then and there undertake, promise and agree with the plaintiff that they would sell the said cask of cheese for cash — that they would pay the plaintiff for the same when sold, after deducting 2…
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This was an action on the case, and the plaintiff declared as follows: — ■ “ Fflf that the plaintiff, at the city of New-Yoik aforesaid, on, &c., at the special instance and request of the defendants, deli veiled to the said defendants a certain cask of cheese, and the defendants did then and there undertake, promise and agree with the plaintiff that they would sell the said cask of cheese for cash — that they would pay the plaintiff for the same when sold, after deducting 2 f-2 per cent, from the price of the said cask of cheese, which 2 1-2 per cent, as aforesaid was agreed on as the full…
1Opinion of the Court
The opinion of the court was delivered by
Williams, Ch. J.
We are all of opinion in this case, that the judgment of the county court should be affirmed. The defendant was justly held accountable for the cheese in question. It is found that the defendant and his partners were commission merchants— that they received the cheese to sell; and that they sold it for cash, and were negligent in not getting the pay therefor. If there was a loss, by the failure of the men to whom the cheese was sold, the loss should fall upon the defendant and not on the plaintiff.
* In all sales for cash, the moneg^opgt…
2Cited by6 opinions
- Parker v. ClaytonIndiana Supreme Court · 1880
- State v. FreemanSupreme Court of Vermont · 1891
- Pehl v. FantonCalifornia Court of Appeal · 1911
- Catlin v. SmithSupreme Court of Vermont · 1851
- Norton v. NevillsMassachusetts Supreme Judicial Court · 1899
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