Mixer v. Cook

31 Me. 340
Supreme Judicial Court of Maine·Decided July 1, 1850·Published·Cited by 5 cases

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

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