Blood v. Palmer
Supreme Judicial Court of Maine
Replevin for hay, hogs, oars, &c. Plea, property In one Oren Briggs, and that they were attached on a writ, O. Crosby fy «i- against him. On trial, it appeared that the hogs and oars bad been received by Briggs as the produce of a sale of goods which the plaintiff alleged were his, the said Briggs acting in said transaction, as agent, merely.
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Replevin for hay, hogs, oars, &c. Plea, property In one Oren Briggs, and that they were attached on a writ, O. Crosby fy «i- against him. On trial, it appeared that the hogs and oars bad been received by Briggs as the produce of a sale of goods which the plaintiff alleged were his, the said Briggs acting in said transaction, as agent, merely. To maintain the action, the plaintiff introduced the following agreement, viz: “Memorandum of agreement made and concluded between Blood Sf Wells of Bangor, traders, on the one part, and Oren Briggs of Blalcesburg, trader, of the other part. The said…
1Opinion of the Court
Weston J.
Had Briggs been the original owner of the goods he undertook to sell, and had they been purchased by the plaintiff and his partner and left with Briggs to be managed and sold by him, according to the written contract between the parties, the transaction would have afforded very strong evidence of a fraudulent sale. But the goods were not originally his.; and the question is not whether there was a fraudulent sale or not, but whether there was any sale to Briggs. It was for the plaintiff and his partner to determine, on what conditions they would part with their own goods; and under…
2Cases cited1 opinion
- Marsh v. Wickham & WickhamNew York Supreme Court · 1817
3Cited by1 opinion
- Blackwell, Thompson & Co. v. Walker Bros. & Co.United States Circuit Court · 1880