83 Mass. 497 | Mass. | 1861
We are of opinion, that the facts proved at
In the case at bar, there is nothing to show that there was any way-bill .or other document by which the defendant, as consignee, was to pay freight on the granite which the plaintiffs transported. It was carried by them for a principal whom they knew, and it was delivered to the defendant with a full knowledge that he received it only as agent, and without any implied agreement that he would be personally liable therefor. Under such circumstances, the instructions to the jury were adapted to the case as proved, and the verdict for the defendant was well warranted. Exceptions overruled.