Longfellow v. Lewis
U.S. Circuit Court for the District of Massachusetts
Tort, by [Levi Longfellow] a citizen of Minnesota against [Marshall A. Lewis] a citizen of Massachusetts for a quantity of butter, alleged to have been converted by the defendant to his own use. A verdict had been rendered for the plaintiff, and the defendant moved for a new trial because the same was against law and evidence.
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Tort, by [Levi Longfellow] a citizen of Minnesota against [Marshall A. Lewis] a citizen of Massachusetts for a quantity of butter, alleged to have been converted by the defendant to his own use. A verdict had been rendered for the plaintiff, and the defendant moved for a new trial because the same was against law and evidence. After the motion had been filed, and before the same had been disposed of, the defendant was summoned as the plaintiff’s trustee, and for that cause, when the motion was overruled, claimed that judgment against him should be delayed.
1Opinion of the Court
FOX, District Judge.
This is an action of tort, brought by a citizen of Minnesota, to recover for a quantity of butter consigned by him for sale to one Warner, at Boston, in 1S77. Warner received the butter, paid the freight, and stored the same with Walker, and died a day or two afterwards. J. M. Way was immediately appointed his administrator, and the butter was sold by Walker, who rendered to the defendant, a brother-in-law of Warner, an account of sales, and paid to him by check payable to his order the amount received for the butter, less expense of storage and commission. Evidence was…
2Cases cited1 opinion
- Metcalf v. McLaughlinMassachusetts Supreme Judicial Court · 1877
3Cited by1 opinion
- Cahan v. Empire Trust Co.Court of Appeals for the Second Circuit · 1926