Lyndeborough Glass Co. v. Massachusetts Glass Co.
Massachusetts Supreme Judicial Court
Contbact on an account annexed, the items of which were for glass ware sold and delivered. Trial in the Superior Court, before Brigham, C. J., without a jury, who reported the case for the consideration of this court substantially as follows: The defendants were incorporated in 1867, under the Gen. Sts. c. 61. The articles of association, which were signed by Samuel Oakman, George W. Pinkerton, J. Wade Davis, Joseph H. Orcutt and George W. Park, stated that the company was…
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Contbact on an account annexed, the items of which were for glass ware sold and delivered. Trial in the Superior Court, before Brigham, C. J., without a jury, who reported the case for the consideration of this court substantially as follows: The defendants were incorporated in 1867, under the Gen. Sts. c. 61. The articles of association, which were signed by Samuel Oakman, George W. Pinkerton, J. Wade Davis, Joseph H. Orcutt and George W. Park, stated that the company was incorporated “ for the purpose of manufacturing and selling all the varieties of glass.” The five signers of the articles…
1Opinion of the CourtMorton, J.
In this case, trial by jury was waived in the Superior Court, and it was heard before the presiding justice, who found for the plaintiffs. The only question which we can consider is, whether this finding can be sustained upon the evidence. There was sufficient evidence to sustain the finding that Smith, who made the contract for the purchase of the goods sued for, was authorized to do so by the corporation. He was their “ superintendent of works,” he acted as an agent of the corporation in this purchase, and the goods purchased were received by and went to the benefit of the corporation. A…
2Cases cited1 opinion
- Sherman v. FitchMassachusetts Supreme Judicial Court · 1867
3Cited by24 opinions
- Davis v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1881
- England v. DearbornMassachusetts Supreme Judicial Court · 1886
- Murray v. C. N. Nelson Lumber Co.Massachusetts Supreme Judicial Court · 1887
- Malone v. Lancaster Gas Light & Fuel Co.Supreme Court of Pennsylvania · 1897
- Bibb v. Hall & FarleySupreme Court of Alabama · 1893
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