Williams v. Mitchell
Massachusetts Supreme Judicial Court
Assumpsit for goods sold and delivered, with the usual money counts. At the trial before the chief justice, November term, 1819. no question was made, but whether the defendant was liable for the value of the goods, under the following circumstances. In February, 1817, one James S. Allen called at the store of the plaintiffs, and expressed a wish to purchase goods for the defendant on a credit of six months.
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Assumpsit for goods sold and delivered, with the usual money counts. At the trial before the chief justice, November term, 1819. no question was made, but whether the defendant was liable for the value of the goods, under the following circumstances. In February, 1817, one James S. Allen called at the store of the plaintiffs, and expressed a wish to purchase goods for the defendant on a credit of six months. The plaintiffs were willing to let him have the goods, provided he had authority from the defendant to purchase them on his account. Allen said he was agent for the defendant, and that…
1Opinion of the CourtParker, C. J.
The jury have found, upon satisfactory evidence,
that Allen was the general agent of the defendant for the purchase of goods for the store at Bridgewater. This fact would entitle the plaintiffs to recover, notwithstanding the goods were never received by the defendant; which is another fact found by the jury. For it is very clear that the party, who employs the agent, is answerable for his fidelity, and is liable for any loss occasioned by his fraud while in the service of his principal.
But there is another fact in the case, the effect of which was reserved for the consideration of the whole…
2Cited by11 opinions
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