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2 D.C. 33

Gullat & Scott v. Tucker

Decided November 15, 1811

Assumpsit, for balance of account. The defendant had charged the firm of G. & S., who were bakers, with groceries delivered to G. and originally charged to G. in the books of Tucker, but were got by G. and ordered by him to be' charged to the partnership account.

Decided 1811-11-15

The CouRT

¶1instructed the jury that, if they believed from the evidence that Tucker, at the time he sold and delivered the groceries to Gullat, knew that they were for his separate use, he had no right to charge them to the firm without the assent of Scott. It would be a collusion. Bond v. Gibson Sf Jephson, Camp. N. P. Rep. 185.

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