Rawson v. Adams
New York Supreme Court
IN ERROR, to the Court of Common Pleas of Rensselaer rornfv J Rawson sued Adams before a justice of the peace, and obtained a verdict and judgment for fifty dollars damages.
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IN ERROR, to the Court of Common Pleas of Rensselaer rornfv J Rawson sued Adams before a justice of the peace, and obtained a verdict and judgment for fifty dollars damages. On appeal, the cause was removed to the Common Pleas: and the justice returned, that the action before him was in assump-sit upon an order, in the following words ; “ Mr. Rawson, Sir, If Mr. Simeon Smith wishes to trade with you for some hides to the amount of 80 or 100 dollars, I will be answerable for his engagements. February 10, 1814. JAMES ADAMS ” On the order, there was a receipt, in the words following : “Received,…
1Opinion of the CourtPlatt, J.
The court below erred in granting a nonsuit. The receipt of Simeon Smith was undoubtedly competent evidence to prove the delivery of the hides to him, in compliance with the order of the defendant. He was, for that purpose, the agent of the defendant; and the receipt of the agent was the act of the principal. The order to deliver included an authority to receive. Proof of the signature of Smith to the receipt on the back of the order, ought, therefore, to have been allowed, as prima facie evidence of the delivery of the hides.
Whether the Court of Common Pleas also erred, in not excluding the…
2Cited by5 opinions
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