Webster v. Clark
Superior Court of New Hampshire
Assumpsit, on an account annexed to the writ, amounting to $260,22. The account consisted of a number of items of clothing, under date of November 7th, 1853; also, of several items of the same kinds of goods, under date of November 11th, 1853, and of two items under date of December 12th, 1853. There was also a credit of $104,34 given December 2d, 1853. The writ also contained a general count for goods sold and delivered. Plea, the general issue.
Read the full summary
Assumpsit, on an account annexed to the writ, amounting to $260,22. The account consisted of a number of items of clothing, under date of November 7th, 1853; also, of several items of the same kinds of goods, under date of November 11th, 1853, and of two items under date of December 12th, 1853. There was also a credit of $104,34 given December 2d, 1853. The writ also contained a general count for goods sold and delivered. Plea, the general issue. The plaintiff’s case was, that they delivered the goods to one John T. Neal, by the directions of the defendant, — Neal being, as they alleged, the…
1Opinion of the CourtEastman, J.
We cannot entertain any doubt of the competency of the evidence to show Neal to be the agent of the defendant. He occupied a store on which was the sign of “ John T. Neal, Agent.” On his cards and bills he was designated in the same way. To the witness, who inquired of him for whom he was agent, he made a reply which induced the witness to call upon Clark, and inquire of him if Neal was his. agent, and upon the inquiry being thus made, Clark frankly answered that he was. He, moreover, agreed that goods might be sent to Neal, as he had desired. It also appeared that Clark was frequently in and…
2Cases cited3 opinions
- Tevis v. YoungCourt of Appeals of Kentucky · 1858
- Haven v. WendellSuperior Court of New Hampshire · 1840
- Eastman v. MoultonSuperior Court of New Hampshire · 1825