Sherwin v. Mudge
Massachusetts Supreme Judicial Court
Contract by the collector of the city of Boston against the administratrix of the estate of Andrew C. Mudge, deceased, for the amount of a tax assessed on May 1, 1875, on a stock of merchandise.
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Contract by the collector of the city of Boston against the administratrix of the estate of Andrew C. Mudge, deceased, for the amount of a tax assessed on May 1, 1875, on a stock of merchandise. The case was submitted to the Superior Court, and, after judgment for the defendant, to this court on appeal, on an agreed statement of facts, in substance as follows : Mudge died on March 20, 1875, and the defendant was duly-appointed administratrix of his estate on March 22, 1875. The personal estate of Mudge at the time of his death consisted of a stock of dry goods, in a shop in Boston, leased to…
1Opinion of the CourtGray, C. J.
By a contract for the sale of specific goods, the title doubtless passes as between the parties, without any actual or constructive delivery, or payment of the price, unless it can be shown that their intention is different. Tarling v. Baxter, 6 B. & C. 360; S. C. 9 D. & R. 272. Dixon v. Yates, 5 B. & Ad. 313, 340; S. C. 2 Nev. & Man. 177, 202. Gilmour v. Supple, 11 Moore P. C. 551. Parsons v. Dickinson, 11 Pick. 352, 354. Pratt v. Parkman, 24 Pick. 42, 46. Morse v. Sherman, 106 Mass. 430. Dempsey v. Gardner, ante, 381.
But in the present case the terms of the written contract manifest the…
2Cases cited3 opinions
- Morse v. ShermanMassachusetts Supreme Judicial Court · 1871
- Commonwealth v. AdamsCourt of Appeals of Kentucky · 1860
- Foster v. RopesMassachusetts Supreme Judicial Court · 1872
3Cited by8 opinions
- John B. Frey Co. v. S. Silk, Inc.Massachusetts Supreme Judicial Court · 1923
- Frazier v. SimmonsMassachusetts Supreme Judicial Court · 1885
- Folsom v. CornellMassachusetts Supreme Judicial Court · 1889
- Singer Sewing Mach. Co. v. CooperDistrict Court, S.D. Ohio · 1920
- Wesoloski v. WysoskiMassachusetts Supreme Judicial Court · 1904
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