Butler & Co. v. Northumberland
Supreme Court of New Hampshire
Assumpsit, by John 6. Butler & Co. against the town of Northumberland, for goods sold and delivered and money had and received. Plaintiffs, who were merchants in New York, claimed to recover for liquors sold in August, 1867, and March, 1868. It appeared that the plaintiff Butler, in August, 1867, at Northumberland, solicited orders • from Henry P. Watson, who it was admitted was town liquor agent.
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Assumpsit, by John 6. Butler & Co. against the town of Northumberland, for goods sold and delivered and money had and received. Plaintiffs, who were merchants in New York, claimed to recover for liquors sold in August, 1867, and March, 1868. It appeared that the plaintiff Butler, in August, 1867, at Northumberland, solicited orders • from Henry P. Watson, who it was admitted was town liquor agent. "Watson, as agent, verbally ordered various liquors, Butler saying that, lie would forward the goods by the Grand Trunk Railway, and would allow Watson the difference in freight between the freight…
1Opinion of the CourtSargent, J.
The statute of Massachusetts was properly rejected. There can be no real pretence that this' contract was made in that State. It was made either in New Hampshire or New York, and the agreement was to discount from the price in New York whatever the freight on the liquors from that place to Northumberland should exceed the freight from Boston to the same place. The liquors were delivered in New York, and Watson, the defendant’s agent, paid the freight from that place to Northumberland; and the plaintiffs charged defendant with the price of the liquors as agreed in New York, and Credited the…
2Cases cited5 opinions
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- Sinking Fund Com'rs v. Northern Bank Ky.Court of Appeals of Kentucky · 1858
- Coffman v. WilsonCourt of Appeals of Kentucky · 1859
- Parker v. RochesterNew York Court of Chancery · 1820
- Roberts v. DrinkardCourt of Appeals of Kentucky · 1860