Legal Opinion

Griggs v. Selden

Supreme Court of Vermont

Decided May 15, 1886PublishedCited by 18 opinions

Assumpsit. Heard on a referee’s report, September Term, 1885, Powers, J., presiding. Judgment for the plaintiff. The plaintiff is a merchant residing in Waterbury, Vt., dealing in boots, shoes, and leather. The defendant is a married woman, and resides in Burlington.

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Assumpsit. Heard on a referee’s report, September Term, 1885, Powers, J., presiding. Judgment for the plaintiff. The plaintiff is a merchant residing in Waterbury, Vt., dealing in boots, shoes, and leather. The defendant is a married woman, and resides in Burlington. The referee found: “The brother of the defendant, William J. Gibson, formerly resided in the town of Johnson, in this State, and carried on a custom business in boots and shoes, manufacturing them for custom trade. He subsequently removed his business to the town of Jericho, in Chittenden County. Sometime prior to the year 1882,…

1Opinion of the Court

The opinion of the court was delivered by

Rowell, J.

The referee has found as a fact, if it is a question of fact, as it certainly is — Session v. Newport, 23 Vt. 9 — that the plaintiff was justified in his belief that Gibson, in carrying on the business and making purchases and sales, “ had the usual authority of an agent who had the sole management of the business.” He further finds that the defendant ‘’held out” Gibson as her agent, which was known to the plaintiff, and acted upon by him in good faith.

This finding makes the defendant liable, on the ground that if one holds another out to the…

2Cases cited1 opinion

  1. Sessions v. Town of NewportSupreme Court of Vermont · 1847

3Cited by18 opinions

  1. Leo Austrian & Co. v. SpringerMichigan Supreme Court · 1892
  2. Carter v. RowleyCalifornia Court of Appeal · 1922
  3. T. G. Bush Grocery Co. v. ConelySupreme Court of Florida · 1911
  4. National Surety Co. v. MiozranySupreme Court of Oklahoma · 1916
  5. St. Louis Gunning Advertising Co. v. Wanamaker & BrownMissouri Court of Appeals · 1905

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