Tibbetts v. Sumner

Decided June 26, 1837

Massachusetts Supreme Judicial Court · decided 1837-06-26

Assumpsit for goods sold and delivered. At the trial, before Wilde J., the defendant, in order to prove that the sale was made upon a credit of six months, which had not expired when the action was commenced, offered in evidence certain promissory notes payable in six months from date, made by him and given to the plaintiff, or to Tibbets 51 Brodhead, a firm of which the plaintiff was a member, together with certain bills of parcels, purporting to be of goods sold by that…

Decided 1837-06-26

Per Curiam.

¶1The Court are of opinion, that the evidence offered by the defendant in the present case, was competent to prove a usual course of dealing between these parties ; and from that course of dealing, the jury might, in the absence of positive evidence, infer an intention that the particular sale in question should be on credit. When such a course of dealing is shown to exist, it will be presumed to continue, until some new arrangement is made, or until one party or the other shall give notice of his intent to change it.

¶2Judgment on the verdict.