Bailey v. Shaw
Superior Court of New Hampshire
Case. It was alleged in the first count that the plaintiff, on, &c., purchased of the defendants forty-three gallons of N. E. rum, at thirty-two cents a gallon, and furnished to the defendants good and sufficient casks to contain said rum; and it then and there became the duty of the defendants to put up and deliver said rum in said casks; yet the defendants, not regarding, &c., did not put up and deliver said rum in said casks furnished by the plaintiff, but carelessly and…
Read the full summary
Case. It was alleged in the first count that the plaintiff, on, &c., purchased of the defendants forty-three gallons of N. E. rum, at thirty-two cents a gallon, and furnished to the defendants good and sufficient casks to contain said rum; and it then and there became the duty of the defendants to put up and deliver said rum in said casks; yet the defendants, not regarding, &c., did not put up and deliver said rum in said casks furnished by the plaintiff, but carelessly and negligently put up and delivered said rum to the plaintiff in a poor, leaky and unsound cask, furnished by said…
1Opinion of the CourtBell, J.
It is the constant practice to admit agents to be witnesses for their principals, and servants for their masters, without a release, though their evidence may tend to discharge themselves. This is allowed from necessity, and for the sake of trade and the common usage of business. 1 Phil. Ev. 146; Strafford Bank v. Cornell, 1 N. H. Rep. 192; Phelps v. Sinclair, 2 N. H. Rep. 554; 2 Bac. Abr. 586.
Where the claim of the plaintiff, or the defence rests upon any misconduct or failure of duty of the agent towards his employer, for which the latter would be answerable over to third persons, and the…
2Cases cited9 opinions
- Mowrey v. WalshNew York Supreme Court · 1828
- Covill v. Hill & SanfordNew York Supreme Court · 1847
- United States Bank v. StearnsNew York Supreme Court · 1836
- Watkinson v. LaughtonNew York Supreme Court · 1811
- Clark v. MillerNew York Supreme Court · 1830
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Beckman v. RainesMissouri Court of Appeals · 1922
- Schmalz v. MaxwellCourt of Appeals of Minnesota · 1984
- Schmalz v. MaxwellCourt of Appeals of Minnesota · 1984