Mixer v. Cook

Supreme Judicial Court of Maine

Mixer v. Cook

31 Me. 340

CourtSupreme Judicial Court of Maine

DecidedJuly 1, 1850

StatusPublished

Cited by5 cases

This text of 31 Me. 340 (Mixer v. Cook) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mixer v. Cook, 31 Me. 340 (Me. 1850).

Pincite

Opinion

Tenney, J., orally.

The jury have found that there was á sale by the plaintiffs to Kimball & Coburn, and that the stipulation for payment on delivery was waived by the plaintiffs. The plaintiffs’ property in the starch had, therefore, ceased.

If they had prosecuted the suit against Kimball & Coburn, in which they attached the starch, proof of fraud between the defendant and Kimball & Coburn, might have availed the plaintiffs. But they do not now claim as creditors.

Judgment on the verdict.

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Tenney, J., orally.

The jury have found that there was á sale by the plaintiffs to Kimball & Coburn, and that the stipulation for payment on delivery was waived by the plaintiffs. The plaintiffs’ property in the starch had, therefore, ceased.

If they had prosecuted the suit against Kimball & Coburn, in which they attached the starch, proof of fraud between the defendant and Kimball & Coburn, might have availed the plaintiffs. But they do not now claim as creditors.

Judgment on the verdict.

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Bluebook (online)

31 Me. 340, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mixer-v-cook-me-1850.

Opinion

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