Coxe's Adm'r. v. Devine

Superior Court of Delaware

Coxe's Adm'r. v. Devine

5 Del. 375

DecidedJuly 5, 1852

StatusPublished

This text of 5 Del. 375 (Coxe's Adm'r. v. Devine) is published on Counsel Stack Legal Research, covering Superior Court of Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Coxe's Adm'r. v. Devine, 5 Del. 375 (Del. Ct. App. 1852).

Pincite

Opinion

The Court

ruled them out for this purpose, saying they were admissible only to charge the party to the suit, and not to show accounts between other persons.

The Chief Justice

charged:—1. If knowing the principal, a sale be made to an agent, and credit be given to the agent, the seller cannot turn round and sue the principal.

*376 Bayard, for plaintiff. Rogers, for defendant.

2. If a sale be made to an agent, without knowledge of the principal, and the principal be afterwards discovered, the seller may sue the principal, though he charge the goods to the agent; provided he do so at such time as will not disturb any settlement as between principal and agent. [Roscoe Ev., 216,, Bate vs. Burr; 4 Harr. Rep., 130; 1 Camp. Rep., 867.)

Verdict for plaintiff.

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