Leach v. Beardslee
Supreme Court of Connecticut
This was. an action on the case, brought to recover the value of certain oxen, delivered by the plaintiff to the defendant, as a drover.
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This was. an action on the case, brought to recover the value of certain oxen, delivered by the plaintiff to the defendant, as a drover. The cause was tried before the jury, at Danbury, October term, 1852. On the trial, the plaintiff claimed, that the defendant had received his oxen, to be by him sold on commission, in the city of New York, for the plaintiff, with instructions from the plaintiff, to sell for cash only, and not on credit,—that they were, by the defendant, sold, not for cash, but on credit, contrary to the plaintiff’s instructions ; and that the price for which they were so…
1Opinion of the CourtChurch, C. J.
We infer, from the verdict of the jury,
that the claim of the plaintiff, that his instructions to the defendant were, to sell for cash, and not on credit, was not sustained by the proof. This leaves the case, as it was submitted by the judge to the jury, in the charge, “ that the implied undertaking of the defendant was, to sell the cattle, in the usual and customary manner.”
The defendant claimed, that there was a well known usage and custom in the city of New York, where this sale was to be made and was made, for drovers to sell, on short credit, and to receive notes, in their own names, for…
2Cited by10 opinions
- Gilley v. GilleySupreme Judicial Court of Maine · 1887
- Barker v. S. A. Lewis Storage & Transfer Co.Supreme Court of Connecticut · 1906
- Armstrong v. Chemical Nat. Bank of New YorkCourt of Appeals for the Sixth Circuit · 1897
- Kinney v. HorwitzSupreme Court of Connecticut · 1919
- Olesen v. BeckanstinSupreme Court of Connecticut · 1919
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