Ely v. James
Massachusetts Supreme Judicial Court
Contract on an account annexed for the price of a cargo of coal. Writ dated November 18, 1874. Answer, payment by the note of George B. James & Co. At the trial in the Superior Court, before Aldrich, J., the following facts appeared in evidence : The plaintiffs were shippers of coal in New York, and the defendants were dealers in coal in Portland, Maine, under the firm name of James & Williams.
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Contract on an account annexed for the price of a cargo of coal. Writ dated November 18, 1874. Answer, payment by the note of George B. James & Co. At the trial in the Superior Court, before Aldrich, J., the following facts appeared in evidence : The plaintiffs were shippers of coal in New York, and the defendants were dealers in coal in Portland, Maine, under the firm name of James & Williams. Edward B. James, one of the defendants, was in the employ of George B. James & Co., in Boston, and also purchased and ordered coal in Boston for his own firm in Portland. F. B. Crowell, travelling in…
1Opinion of the CourtColt, J.
An offer for a cargo of coal to be delivered at Portland, the defendants’ place of business, at a price named, was given by the defendants in Boston to a travelling agent of the plaintiffs, and forwarded by the latter by telegraph to the plaintiffs’ place of business in New York. The offer was accepted, and, on receipt of the coal at Portland, the defendants sent the note of G. B. James & Co. to the plaintiffs for the amount of the purchase, payable in four months to the plaintiffs’ order, inclosed in a letter, which stated that it was in settlement for the coal, and requested the return of…
2Cases cited2 opinions
- Kline v. BakerMassachusetts Supreme Judicial Court · 1868
- Maddox v. Graham & KnoxCourt of Appeals of Kentucky · 1859
3Cited by18 opinions
- American Malting Co. v. Souther Brewing Co.Massachusetts Supreme Judicial Court · 1907
- O'Conner v. HurleyMassachusetts Supreme Judicial Court · 1888
- Dutton v. BennettMassachusetts Supreme Judicial Court · 1926
- Thomson-Houston Electric Co. v. PalmerSupreme Court of Minnesota · 1893
- Gibson v. Manufacturers' Fire & Marine InsuranceMassachusetts Supreme Judicial Court · 1887
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