Parker v. Byrnes
District Court, D. Massachusetts
Bill in equity by [J. G. Parker] the as-signee of Edward Oakes, to ascertain the title to certain parcels of salt in bond. Oakes had been a well known salt merchant in Boston for a great many years, and had dealt largely with the defendant [W. B.] Byrnes. In December, 1869, the defendant sold Oakes three several lots of salt on a credit of four months, and took his notes for the price.
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Bill in equity by [J. G. Parker] the as-signee of Edward Oakes, to ascertain the title to certain parcels of salt in bond. Oakes had been a well known salt merchant in Boston for a great many years, and had dealt largely with the defendant [W. B.] Byrnes. In December, 1869, the defendant sold Oakes three several lots of salt on a credit of four months, and took his notes for the price. The first lot had been entered by Byrnes under the warehousing acts, and was in the bonded warehouse of Naylor & Co., on Constitution Wharf. The defendant gave Mr. Oakes a receipted bill of parcels, the…
1Opinion of the Court
LOWELL, District Judge.
The mere fact that goods imported from abroad upon the order of a buyer have come into the hands of the officers of the customs, and have been by them put into a warehouse, the buyer exercising no acts of ownership over them, has been held not to determine the transit Burnham v. Winsor [Case No. 2,180]; Donath v. Broom*1120head, 7 Barr [7 Pa. St.] 301. Nor does the seller’s right depend on the question whether the property has passed. In the ease of Barrett v. Goddard [Id. 1,046], cited at the bar, the lien of the seller was disallowed, although the goods remained in his own…
2Cases cited3 opinions
- Kline v. BakerMassachusetts Supreme Judicial Court · 1868
- Mottram v. HeyerCourt for the Trial of Impeachments and Correction of Errors · 1846
- Hollingsworth v. NapierNew York Supreme Court · 1805
3Cited by3 opinions
- Oswego Starch Factory v. LendrumSupreme Court of Iowa · 1881
- Wafer v. Harvey County BankSupreme Court of Kansas · 1891
- Burrill v. StevensSupreme Judicial Court of Maine · 1882