Backman v. Charlestown
Supreme Court of New Hampshire
This was an action of assumpsit for goods sold and delivered ($190), and upon an account annexed as follows : New-York, April 17, 1856. Town of Charlestown (S. B. Osgood, agent); Bought of Charles Backman: cask of pale A. S. brandy, fourth proof, 20-|-gallons, at $4, $82.00 1 barrel Swan gin, 43 gallons, at $1.50, 65.75 1 barrel alcohol (95), 42 gallons, at 64 ets., 26.88 Cartage, .38 $175.01 It appeared that one ~W. W. Drew was a traveling agent of the plaintiff) for…
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This was an action of assumpsit for goods sold and delivered ($190), and upon an account annexed as follows : New-York, April 17, 1856. Town of Charlestown (S. B. Osgood, agent); Bought of Charles Backman: cask of pale A. S. brandy, fourth proof, 20-|-gallons, at $4, $82.00 1 barrel Swan gin, 43 gallons, at $1.50, 65.75 1 barrel alcohol (95), 42 gallons, at 64 ets., 26.88 Cartage, .38 $175.01 It appeared that one ~W. W. Drew was a traveling agent of the plaintiff) for soliciting orders and collecting bills, and was at Charlestown, in April, 1856, and called on Solomon P. Osgood, and by his…
1Opinion of the CourtBellows, J.
It must be regarded as now settled in this state, that the selectmen have the power to authorize the town agents to buy liquor for the supply of liquor agencies upon the ci’edit of the town. Great Falls Bank v. Farmington, 41 N. H. 32. But the great question in this case is upon the effect of the limitation on the power of the agent, as contained in the appointment. And on this point it may -be useful to ascertain the character of his agency; for, if he be regarded as a general agent, persons who deal with him are not bound by any secret instructions, imposing a limitation upon such general…
2Cases cited4 opinions
- Tevis v. YoungCourt of Appeals of Kentucky · 1858
- Andrews v. KneelandNew York Supreme Court · 1826
- Peters v. FarnsworthSupreme Court of Vermont · 1843
- Taggart v. StanberyU.S. Circuit Court for the District of Ohio · 1841
3Cited by2 opinions
- Richards v. ColumbiaSupreme Court of New Hampshire · 1874
- Alexander v. . CommissionersSupreme Court of North Carolina · 1874