Scott v. McKinney
Massachusetts Supreme Judicial Court
Contract by John M. Scott and Robert Wright, partners under the firm of Scott & Co., cotton brokers at Boston, to recover part of the price of certain cotton sold to the defendant.
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Contract by John M. Scott and Robert Wright, partners under the firm of Scott & Co., cotton brokers at Boston, to recover part of the price of certain cotton sold to the defendant. At the trial in the superior court, before Russell, J., the plain tiffs introduced evidence tending to show that John M. Scott and Terence Flynn, at an auction room in New York, agreed to purchase on joint account a lot of cotton which was advertised to be sold there on that day by the United States, and in pursuance of this agreement Flynn in Scott’s presence bid off one hundred and nineteen bales of the cotton,…
1Opinion of the CourtChapman, J.
Under the rulings of the presiding judge, the jury must have found that the plaintiffs were joint purchasers of *348the cotton with Flynn, and that, if their interest depended upon their payment of half the purchase money, they either paid it according to their agreement, or, if they did not pay it seasonably, Flynn waived his rights in that respect; that they were joint owners at the time of the sale, and that it was sold to the defendants on joint account; that the defendant was notified of the plaintiffs’ interest in the property, and by consent of Flynn agreed to pay one half of the price to…
2Cases cited1 opinion
- Hall v. LeighSupreme Court of the United States · 1814
3Cited by2 opinions
- McMahon v. BrownMassachusetts Supreme Judicial Court · 1914
- Vietor v. SpaldingMassachusetts Supreme Judicial Court · 1909