Martin v. Moulton
Superior Court of New Hampshire
Assumpsit. 1. On an account annexed, for four stoves sold the defendant. 2. Money had and received. 3d. On a special agreement by the defendant and one' A. Hemphill, now deceased, once partners in trade under the firm of Hemphill & Moulton, as agents of plaintiff, to sell and account for four stoves, on demand, or return them.
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Assumpsit. 1. On an account annexed, for four stoves sold the defendant. 2. Money had and received. 3d. On a special agreement by the defendant and one' A. Hemphill, now deceased, once partners in trade under the firm of Hemphill & Moulton, as agents of plaintiff, to sell and account for four stoves, on demand, or return them. It was contended, on the part of the defendant, that said stoves were delivered to said Hemphill in his individual capacity, to sell, and not as one of said firm ; and evidence was offered to that effect. And the plaintiff requested the court to instruct the jury, that…
1Opinion of the CourtParker, J.
The delivery of the stoves to Hemphill, to sell, did not change the property. They were still the goods of the plaintiff. The circumstances under which they came into the possession of the partnership do not distinctly appear.
The defendant cannot avoid this suit, upon the ground that the partnership may have purchased the stoves of Hemphill, who was the plaintiff’s agent, or factor, and that when they subsequently made sale of them the money received was the property of the partnership. Hemphill, being factor, could not sell the stoves to himself, and for the same reason he could not make a…
2Cases cited2 opinions
- Buckley v. PackardNew York Supreme Court · 1823
- Chickering v. HosmerMassachusetts Supreme Judicial Court · 1815
3Cited by1 opinion
- Ashuelot R. R. v. ElliotSupreme Court of New Hampshire · 1874