Shepard v. Palmer
Supreme Court of Connecticut
This was an action of assumpsit, in five counts. In the first count, the plaintiff averred, That on the 20th of November, 1822, he was the owner of 10,715 barrel staves and heading, which, by his agent A. Willard, he sold to R. & L. Parsons & Co. for the sum of 160 dollars, 69 cents, and employed the defendant to deliver them; that the defendant did deliver them, and receive payment therefor, by including the amount in a negotiable promissory note, executed by R. & L.…
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This was an action of assumpsit, in five counts. In the first count, the plaintiff averred, That on the 20th of November, 1822, he was the owner of 10,715 barrel staves and heading, which, by his agent A. Willard, he sold to R. & L. Parsons & Co. for the sum of 160 dollars, 69 cents, and employed the defendant to deliver them; that the defendant did deliver them, and receive payment therefor, by including the amount in a negotiable promissory note, executed by R. & L. Parsons & Co., with other sums of money due from them to the defendant, without any authority for that purpose from the…
1Opinion of the CourtDaggett, J.
The fourth count of the declaration, which is for goods sold and delivered, cannot be supported; for whatever may be proved, by the testimony of Willard, on whose testimony the cause was decided, it did not prove, nor tend to prove, a sale of the staves and heading, by the plaintiff, to the defendant. Indeed, it is not now urged, that the verdict can be supported on this count.
The fifth count is for money had and received. There is no pretence, that the defendant has received any money. Now, to sustain this count, it must have appeared, that the defendant had actually received money, or that…
2Cases cited2 opinions
- Vandenheuvel v. StorrsSupreme Court of Connecticut · 1819
- Bulkley v. LandonSupreme Court of Connecticut · 1818
3Cited by6 opinions
- Walker v. BrownIllinois Supreme Court · 1862
- Felton v. DickinsonMassachusetts Supreme Judicial Court · 1813
- Shoninger v. PeabodySupreme Court of Connecticut · 1889
- Barnum v. StoneMichigan Supreme Court · 1873
- Morrison v. JonesAppellate Court of Illinois · 1880
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