Taft v. Baker
Massachusetts Supreme Judicial Court
Contract on an account annexed for balances due on exchanges of horses, carriages, sleighs and harnesses, and for the price of horses and hay bought, all in the year 1865; with a count on promissory notes dated in 1865 and signed “ S. W Howe, Agt.,” for amounts corresponding with the items of the account. Answer, a general denial of each and every allegation of the plaintiff.
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Contract on an account annexed for balances due on exchanges of horses, carriages, sleighs and harnesses, and for the price of horses and hay bought, all in the year 1865; with a count on promissory notes dated in 1865 and signed “ S. W Howe, Agt.,” for amounts corresponding with the items of the account. Answer, a general denial of each and every allegation of the plaintiff. At the trial in the superior court, before Rockwell, J., the jury found for the plaintiff; and the judge allowed the following bill of exceptions : “ The plaintiff offered evidence tending to show that he made the trades…
1Opinion of the CourtWells, J.
The judge at the trial rightly instructed the jury that, “ to sustain his action, the plaintiff must prove affirmatively, upon the whole evidence, that Howe was the agent oí the defendant to make the bargains.” This must include also the element of the credit of the defendant. It was not denied that Howe had authority to sell property belonging to the livery stable; to purchase other property in its place; and to make exchanges of property; keeping up the value of the whole stock. The controversy was chiefly as to his authority to use the credit of Baker in such transactions and for the…
2Cited by8 opinions
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