Mixer v. Cook , 31 Me. 340 ( 1850 )

Tenney, J., orally.

The jury have found that there was á sale by the plaintiffs to Kimball & Coburn, and that the stipulation for payment on delivery was waived by the plaintiffs. The plaintiffs’ property in the starch had, therefore, ceased.

If they had prosecuted the suit against Kimball & Coburn, in which they attached the starch, proof of fraud between the defendant and Kimball & Coburn, might have availed the plaintiffs. But they do not now claim as creditors.

Judgment on the verdict.