Squires v. Barber
Supreme Court of Vermont
Assumpsit for goods sold and delivered. The case was referred to a referee who reported that Peter McDonal, Norman B. Squires and John Sherry were partners in business under the firm name of McDonal, Squires & Sherry, at the time of the purchase of the bill of goods in question; that since that time and before the bringing of this suit, Peter McDonal had deceased, and Norman B. Squires and John Sherry are the surviving partners of said firm; that the defendant sometime in…
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Assumpsit for goods sold and delivered. The case was referred to a referee who reported that Peter McDonal, Norman B. Squires and John Sherry were partners in business under the firm name of McDonal, Squires & Sherry, at the time of the purchase of the bill of goods in question; that since that time and before the bringing of this suit, Peter McDonal had deceased, and Norman B. Squires and John Sherry are the surviving partners of said firm; that the defendant sometime in the month of February, 1859, purchased the following goods of one P. W. Converse, viz: one chest of tea and one barrel of…
1Opinion of the Court
Poland, Ch. J.
If an agent for the sale of goods, sell them in his own name, without disclosing his principal, an action may be maintained for the price in the name of the principal. Story on Agency, 479 ; Edwards v. Golding et al., 20 Vt. 38.
And this doctrine seems to be generally recognized by all the authorities. This makes the right of the plaintiffs to recover clear for the amount of their bill, above the defendant’s debt against Converse the agent.
*561Converse had no authority to sell the plaintiffs’ goods in payment of his own debts, and his attempt to do so was unauthorized and unlawful as…
2Cases cited1 opinion
- Edwards v. GoldingSupreme Court of Vermont · 1847
3Cited by3 opinions
- Bertoli v. E. L. Smith & Co.Supreme Court of Vermont · 1897
- Rocky Mountain Fuel Co. v. George N. Sparling Coal Co.Colorado Court of Appeals · 1914
- Rocky Mountain Fuel Co. v. George N. Sparling Coal Co.Colorado Court of Appeals · 1914