New York Central Railroad v. Freedman
Massachusetts Supreme Judicial Court
Contract or tort, with a declaration as amended in two counts, the first of which was waived by the plaintiff, and the second of which was for conversion of “ one carload of second-hand electric arc lamps, called second-hand electrical machinery.”
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Contract or tort, with a declaration as amended in two counts, the first of which was waived by the plaintiff, and the second of which was for conversion of “ one carload of second-hand electric arc lamps, called second-hand electrical machinery.” Writ dated October 19, 1917; also an action of Contract for $2,102, alleged to have become due to the Central Illinois Light Company, which in writing had assigned to the plaintiff all of its rights under the contract of sale hereinafter described. Writ dated August 16, 1918. In the second action, the defendant in his answer sought damages by way of…
1Opinion of the CourtJenney, J.
The defendant, on December 6, 1916, contracted with the Central Illinois Light Company for the purchase of arc light lamps, then in use in Peoria, Illinois. By written agreement, he was obligated to purchase and the light company to sell the lamps. At the time of making the agreement, he paid $200 on the purchase price, and the balance was to be paid when the seller had “loaded the lamps, and before shipment.”
On March 27 and 30, 1917, the light company telegraphed the defendant requesting shipping instructions. In reply, he directed that company to forward the lamps by a specified carrier…
2Cases cited17 opinions
- Posell v. HerscovitzMassachusetts Supreme Judicial Court · 1921
- Corbett v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1914
- Lindsey v. LeightonMassachusetts Supreme Judicial Court · 1889
- Spooner v. ManchesterMassachusetts Supreme Judicial Court · 1882
- Burke v. HodgeMassachusetts Supreme Judicial Court · 1912
12 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Boston Gas Co. v. Assessors of BostonMassachusetts Supreme Judicial Court · 1956
- Commonwealth v. McIntoshMassachusetts Supreme Judicial Court · 1927
- National Wholesale Grocery Co. v. MannMassachusetts Supreme Judicial Court · 1925
- Somerville National Bank v. HornblowerMassachusetts Supreme Judicial Court · 1936
- Commonwealth v. CarusoMassachusetts Supreme Judicial Court · 1925
6 more not listed; retrieve them via the Exa API.