Legal Opinion

Shelton v. Darling

Supreme Court of Connecticut

Decided June 15, 1818PublishedCited by 6 opinions

THIS was an action of assumpsit on a bill of exchange, drawn by Darling <$• Chapman, on the defendant, and accepted by him ; the plaintiffs claiming as indorsees. Counts were added, for money lent to the defendant, at his request for money had and received to the plaintiff’s use ; and for money laid out and expended, by the plaintiffs, at the request" of the defendant, for his use. The cause was tried at Nw-Haven, January term 1818# before Trumbull, Baldtcin and Hosmer, Js.

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THIS was an action of assumpsit on a bill of exchange, drawn by Darling <$• Chapman, on the defendant, and accepted by him ; the plaintiffs claiming as indorsees. Counts were added, for money lent to the defendant, at his request for money had and received to the plaintiff’s use ; and for money laid out and expended, by the plaintiffs, at the request" of the defendant, for his use. The cause was tried at Nw-Haven, January term 1818# before Trumbull, Baldtcin and Hosmer, Js. The bill was as follows : “ Noyes Darling, Esq. agent of the Commission Company. Ninety days after date, please to pay…

1Opinion of the Court

Swift, Ch. ,T.

It appears in this case, that the defendant, as agent for tiie Commission Company, accepted a bill of ex, change, for an object apparently within the scope of his agency, by which he rendered the company liable on his acceptance. The plaintiffs, indorsees of the bill, have brought this action against the defendant, in his personal capacity, and claim that they have a right to recover of him, on the ground that he procured the bill to be discounted by the plaintiffs, on his private account, and not for the Commission Company, and that he has received and applied the money to *438bis…

2Cases cited1 opinion

  1. Green v. BealsNew York Supreme Court · 1804

3Cited by6 opinions

  1. Gottfried v. MillerSupreme Court of the United States · 1882
  2. Hovey v. MagillSupreme Court of Connecticut · 1818
  3. Gillig v. Lake Bigler Road Co.Nevada Supreme Court · 1866
  4. Rapelye v. BaileySupreme Court of Connecticut · 1820
  5. Walker v. PopperUtah Supreme Court · 1880

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