Assumpsit, to recover the proceeds of goods sold on commission. Facts found by a referee. The plaintiff sent the goods from Canaan, Vt., to the railroad at North Stratford, N. H., by one Green, and he forwarded them thence to the defendant, with a letter requesting the defendant to sell them and send the money to Canaan in care of Green. The goods reached the defendant November 1, 1871.
Good law ✅— No negative treatment on recordhow we know
Decided 1881-06-05
How this case has been cited
Cited by 6 later decisions (1 by the Supreme Court) — most recently March 1942
5 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
¶1
The plaintiff, if he did not accept the account rendered as a correct statement of the account between himself and the defendant, was bound to notify him within a reasonable time of his objections. No objection being made within a reasonable time, the defendant was justified in treating the plaintiff’s silence as an admission that the’ account as rendered was just and true, and that he was willing to be bound by it.
Rich
v.
Eldredge,
42 N. H. 151, 158 ;
Lockwood
v.
Thorne,
11 N Y. 170,
174
—S.
C.,
18 N. Y. 285 ;
Philips
v.
Belden,
2 Edw. Ch. 1; 1 Sto. Eq. Jur.,
s.
526.
