Judson v. Sturges
Supreme Court of Connecticut
IN ERROR. THIS was an action of account, brought against the defendant for certain goods, wanes and merchandize, delivered by the plaintiff to the defendant, at St. Stephens, in the province of Nova-Scolia, and by him received, and sold in the West-hulks, as the agent of the plaintiff. The cause was tried before the Superior Tour! : And nu ditors having been appointed, they awarded a balance of 1C3 dollars, 5 cents, in favour of the defendant.
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IN ERROR. THIS was an action of account, brought against the defendant for certain goods, wanes and merchandize, delivered by the plaintiff to the defendant, at St. Stephens, in the province of Nova-Scolia, and by him received, and sold in the West-hulks, as the agent of the plaintiff. The cause was tried before the Superior Tour! : And nu ditors having been appointed, they awarded a balance of 1C3 dollars, 5 cents, in favour of the defendant. The plaintiff made a remonstrance against the acceptance of the auditors’ report, wherein it was averred, that it was proved and admitted, on the trial…
1Opinion of the CourtBrajnard, J.
The principal ground of error relied upon in this case, is, that the court, after finding certain facts alleged in the remonstrance, to be true, adjudged them to be insufficient to set aside the report of the auditors. The objection relates, chiefly, to the fact that the defendant purchased a vessel at Antigua, for the purpose of transporting the plaintiff’s property from thence to Guadaloupe, a proportion of the price of which purchase, was charged in his account against the plaintiff, and allowed by the auditors. This act, it is claimed, was beyond the scope of the defendant's authority ;…
2Cited by4 opinions
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