32 Me. 162
Supreme Judicial Court of Maine
Decided July 1, 1850
Supreme Judicial Court of Maine · decided 1850-07-01
Assumpsit for a bill of goods sold. Plaintiff introduced letters from defendant, ordering certain goods to be sent by the rail cars, and then, together with his suppletory oath, introduced' his book, containing a charge of articles conforming to said order. On cross-examination, he testified .that he could not recollect to whom he delivered the goods, or in what manner they were sent. There was no other evidence.
Decided 1850-07-01
¶1orally.—In Belknap v. Mitchell, it was proved that the goods were delivered to one or the other of the defendant’s agents, and at the place ordered. In this case, it is not shown to whom the delivery was made. It does not therefore appear that either the defendant or any agent of his had the articles. A plaintiff’s book showing that he made a delivery to somebody is not competent evidence to charge a particular person.
¶2Exceptions sustained.