Gardner v. Bean
Cases that cite this one
12 later published cases cite this decision.
- Dix Lumber Co. v. Gregory (Mass. Dist. Ct., App. Div. 1947)
- Dix Lumber Co. v. Gregory (Mass. Dist. Ct., App. Div. 1945)
- Colvert Ice Cream & Dairy Products Co. v. Citrus Products Co. (Okla. 1937)
- Chicago, R. I. & P. Ry. Co. v. Mashore (Okla. 1908)
- Dyer v. Swift (Mass. 1891)
- Wilfert v. Medoff (Mass. Dist. Ct., App. Div. 1953)
- Vlahou v. Rodopoulos (Mass. Dist. Ct., App. Div. 1946)
- National Cigar Stand Co. v. Webster (Mass. Dist. Ct., App. Div. 1937)
- Continental Oil Co. v. Logan (Okla. 1936)
- Maynard v. Fabyan (Mass. 1929)
- Wright v. Loaiza (Cal. 1918)
- Reid v. Miller (Mass. 1910)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The instruction to the jury was correct. The fact that the plaintiffs originally charged the goods to the agent, with whom they dealt, did not preclude them from resorting to the principal, when afterwards discovered. The statement, in their petition in bankruptcy against the agent, that he owed them this debt, was not conclusive against their right to maintain this action which they had already brought against the principal, and was rightly submitted to the jury, with all the evidence in the case. Raymond v. Crown & Eagle Mills, 2 Met 319. Exceptions overruled.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.