Rodliff v. Dallinger
Massachusetts Supreme Judicial Court
Replevin of twenty bags of California wool. Trial in the Superior Court, before Knowlton, J., who allowed a bill of exceptions, in substance as follows: The plaintiffs, under the firm name of Rodliff and Eaton, were wool dealers in Boston, and, on or about November 15, 1882, delivered the wool in controversy to one Henry Clementson, a wool dealer and broker in Boston, as hereinafter stated.
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Replevin of twenty bags of California wool. Trial in the Superior Court, before Knowlton, J., who allowed a bill of exceptions, in substance as follows: The plaintiffs, under the firm name of Rodliff and Eaton, were wool dealers in Boston, and, on or about November 15, 1882, delivered the wool in controversy to one Henry Clementson, a wool dealer and broker in Boston, as hereinafter stated. The defendant was a public warehouseman in Boston, who received the wool in question on storage from Clementson, on or about said November 15,1882, not knowing where he obtained it, and issued a warehouse…
1Opinion of the CourtHolmes, J.
The plaintiffs’ evidence warranted the conclusion that they refused to sell to Clementson, the broker, but delivered the wool to him on the understanding that it was sold to an undisclosed manufacturer in good credit with the plaintiffs. This evidence was not objected to, and was admissible, notwithstanding the fact that the sale was entered on the plaintiffs’ books as a sale to Clementson, and that a bill was made to him. Commonwealth v. Jeffries, 7 Allen, 548, 564. It was admitted that Clementson, in fact, was not acting for such an undisclosed principal; and it follows that, if the…
2Cases cited2 opinions
- Edmunds v. Merchants' Despatch Transportation Co.Massachusetts Supreme Judicial Court · 1883
- Thacher v. MoorsMassachusetts Supreme Judicial Court · 1883
3Cited by30 opinions
- Brighton Packing Co. v. Butchers' Slaughtering & Melting Ass'nMassachusetts Supreme Judicial Court · 1912
- Kaufmann v. SydemanMassachusetts Supreme Judicial Court · 1925
- Fay v. HillCourt of Appeals for the Eighth Circuit · 1918
- Fairbanks v. SnowMassachusetts Supreme Judicial Court · 1887
- Kelly Asphalt Block Co. v. Barber Asphalt Paving Co.New York Court of Appeals · 1914
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