Mitchell v. Allen
Supreme Court of Connecticut
Assumpsit tried in the Superior Court (Pardee, J.) on the general issue closed to the jury, with notice. Verdict for the plaintiff, and motion for a new trial for errors in the charge of the court. The case is sufficiently stated in the opinion.
1Opinion of the CourtSeymour, J.
The declaration contains a count for goods sold and delivered, and upon an account stated. The plaintiff’s bill of particulars is as follows in substance.
Isaac A. Allen
Bought of A. R. Mitchell,
1869, September 30th, 42,500 cigars @ @30, @1275
Cr. ^
Note at Bank, @500
' @775
It appears that some time prior to September 30th, 1865, the plaintiff, being the owner of the cigars mentioned in the bill of particulars, deposited them in the defendant’s store in New York, and authorized him to sell them at @30 per thous- and, but with special instructions not to let the cigars go out of his store until he,…
2Cited by2 opinions
- Dunnett v. ThorntonSupreme Court of Connecticut · 1900
- Zacarino v. PallottiSupreme Court of Connecticut · 1881