Washington Cedar & Fir Products Co. v. Elliott
Supreme Court of Connecticut
Action by the payee against the maker of a bank check to recover its amount, brought to the Superior Court in Windham County and tried to the jury before Reed, Jthe trial judge directed a verdict for the plaintiff, and from the judgment thereon the defendant appealed. In this action to recover the agreed price of a carload of shingles, the defendant pleaded payment, and the court directed a verdict for the plaintiff. The material facts were not disputed.
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Action by the payee against the maker of a bank check to recover its amount, brought to the Superior Court in Windham County and tried to the jury before Reed, Jthe trial judge directed a verdict for the plaintiff, and from the judgment thereon the defendant appealed. In this action to recover the agreed price of a carload of shingles, the defendant pleaded payment, and the court directed a verdict for the plaintiff. The material facts were not disputed. Plaintiff is a corporation located in Seattle, Washington, where it is engaged in the sale of lumber products. The defendant is a retail…
1Opinion of the CourtBeach, J.
The trial court directed a verdict for the plaintiff on the theory that the only question in the case was as to the proper construction of the plaintiff’s telegram of June 10th; that this was a question of law for the court; and that the telegram, when properly construed, did not authorize the defendant to make the check payable to Phillips’ order.
We think the trial court erred in not taking into account the question whether the plaintiff had, by its conduct, interpreted in the light of the surrounding circumstances known to it, conferred upon Phillips an apparent authority to accept a check…
2Cases cited1 opinion
- Romeo v. MartucciSupreme Court of Connecticut · 1900
3Cited by8 opinions
- Lettieri v. American Savings BankSupreme Court of Connecticut · 1980
- Hollywyle Assn., Inc. v. HollisterSupreme Court of Connecticut · 1973
- Nowak v. Capitol Motors, Inc.Supreme Court of Connecticut · 1969
- Presta v. MonnierSupreme Court of Connecticut · 1958
- Baumert-Moran Sales Co. v. Red Bird Truck Rental Corp.Supreme Court of Connecticut · 1961
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