Rumsey v. Berry
Supreme Judicial Court of Maine
On exceptions. Assumpsit. The writ was dated August 4, 1872, and contained a count upon an account annexed, and one for money paid, laid out and expended. The action was brought to recover a balance alleged to be due from the defendant to the plaintiffs under the following facts admitted or proved at the trial.
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On exceptions. Assumpsit. The writ was dated August 4, 1872, and contained a count upon an account annexed, and one for money paid, laid out and expended. The action was brought to recover a balance alleged to be due from the defendant to the plaintiffs under the following facts admitted or proved at the trial. The defendant, a resident of Bangor, Maine, was in Chicago, Illinois, and there met the plaintiffs who are and were in 1872, when the transactions took place, commission merchants, brokers, and members of the board of trade in Chicago, and authorized the plaintiffs either personally or…
1Opinion of the CourtDanforth, J.
The plaintiffs are and were in 1872, brokers, comznission merchants and members of the board of trade in Chicago, azzd, at the request and for the benefit of the defendant, a resident of'Bangor, contracted with third parties for the sale of a quantity of wheat.
This contract was entered into upon the 22d day of April, 1872, and the delivery was to be at the option of the defendant, at any time during the month of May following. The plaintiffs were personally responsible for the performance of this agreement, and the defendant was on his part under obligation to furnish sufficient “margin” to…
2Cited by16 opinions
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- Anderson v. StateCourt of Appeals of Georgia · 1907
- Whitesides v. HuntIndiana Supreme Court · 1884
- Mohr v. MiesenSupreme Court of Minnesota · 1891
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