Elwell v. Mersick
Supreme Court of Connecticut
Civil action for iron sold; brought to the Court of Common Pleas, and tried to the jury before Torrance, J. Verdict for the plaintiffs, and motion for a new trial and in error by the defendants. The principal points decided will be sufficiently understood from the opinion.*
1Opinion of the CourtLoomis, J.
This action was brought to recover the balance due upon a bill for iron which the defendants, through their agent, J. O. Carpenter, ordered of McCoy & Co. of New York, and the sole contention upon the trial was whether they should account with the present plaintiffs or with McCoy & Co. as the principals in the transaction. If the former 'was their duty then a small balance was admitted to be due the plaintiffs; but if the latter, then from other transactions with McCoy & Co. a right of set-off had accrued, sufficient in amount to cover all that was due for the iron in question.
The defendants…
2Cases cited5 opinions
- Shepard v. GiddingsSupreme Court of Connecticut · 1852
- Witter v. LathamSupreme Court of Connecticut · 1837
- Durgin v. Town of DanvilleSupreme Court of Vermont · 1874
- Flinn v. M'GonigleSupreme Court of Pennsylvania · 1845
- Waller v. Eleventh School DistrictSupreme Court of Connecticut · 1852
3Cited by1 opinion
- Woicicky v. AndersonSupreme Court of Connecticut · 1920