Newcomb v. Boston & Lowell Railroad
Massachusetts Supreme Judicial Court
Contract for non-delivery of two car-loads of oats alleged to have been delivered by the plaintiff’s agents to the defendant for carriage over its railroad and for delivery to the plaintiff. In the Superior Court judgment was ordered for the defendant on agreed facts, in substance as follows, and the plaintiff appealed to this court.
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Contract for non-delivery of two car-loads of oats alleged to have been delivered by the plaintiff’s agents to the defendant for carriage over its railroad and for delivery to the plaintiff. In the Superior Court judgment was ordered for the defendant on agreed facts, in substance as follows, and the plaintiff appealed to this court. On April 10 and 11, 1871, Botsford, Hibbard & Co of Detroit, Michigan, sent to Salem, in this State, for and on account of C. H. Chandler & Co., of Boston, two car-loads of oats, and took railroad receipts therefor, in which Botsford, Hibbard & Co. were named as…
1Opinion of the CourtGray, C. J.
The railroad receipts, in which Botsford, Hibbard & Co. were named both as consignors and as consignees, having been transmitted by them, together with the drafts drawn by them on Chandler & Co. for the price of the oats, to a bank in Boston for collection, were manifestly intended to be held by the bank as security for the acceptance and payment of the drafts. They continued to be held by the bank, after the drafts had been accepted by Chandler & Co., and until, at Chandler & Co.’s request, they were paid by the plaintiff, and the receipts, with the drafts still attached, were indorsed and…
2Cases cited1 opinion
- Seymour v. NewtonMassachusetts Supreme Judicial Court · 1870
3Cited by16 opinions
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- Fisk Rubber Co. v. New York, New Haven & Hartford RailroadMassachusetts Supreme Judicial Court · 1921
- Libby v. IngallsMassachusetts Supreme Judicial Court · 1878
- George F. Hinrichs, Inc. v. Standard Trust & Savings BankCourt of Appeals for the Second Circuit · 1922
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