Dugan v. Nichols
Massachusetts Supreme Judicial Court
Replevin of thirteen barrels of oil. Writ dated July 10, 1874. At the trial in the Superior Court, at December term 1875, before Lord, J., the plaintiff offered evidence tending to prove that he purchased the oil of the firm of Shaw & Bruce, of which the defendant is the assignee in bankruptcy, under the following circumstances: On January 3,1874, Shaw called upon the plaintiff, and asked him to purchase some oil and some splits, saying that the firm had found it necessary…
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Replevin of thirteen barrels of oil. Writ dated July 10, 1874. At the trial in the Superior Court, at December term 1875, before Lord, J., the plaintiff offered evidence tending to prove that he purchased the oil of the firm of Shaw & Bruce, of which the defendant is the assignee in bankruptcy, under the following circumstances: On January 3,1874, Shaw called upon the plaintiff, and asked him to purchase some oil and some splits, saying that the firm had found it necessary to go into bankruptcy, and had consulted counsel on the subject; that it was necessary to raise money to pay the expenses…
1Opinion of the CourtMorton, J.
There was evidence in this case which would have justified the jury in finding, that, as between the parties t< *45the contract of sale, the property in the oil replevied passed to the plaintiff. By the delivery of the bill of sale and the payment of the price, the title passed, so that the oil was at the risk of the purchaser, and, if it had been destroyed, the loss would have fallen upon him. Weld v. Came, 98 Mass. 152. Morse v. Sherman, 106 Mass. 430. Townsend v. Hargraves, 118 Mass. 325. The title having passed to him, the purchaser could at any time have taken possession of the oil as…
2Cases cited5 opinions
- Donaldson v. FarwellSupreme Court of the United States · 1876
- Townsend v. HargravesMassachusetts Supreme Judicial Court · 1875
- Morse v. ShermanMassachusetts Supreme Judicial Court · 1871
- Ex parte DalbyDistrict Court, D. Massachusetts · 1870
- Weld v. CameMassachusetts Supreme Judicial Court · 1867
3Cited by6 opinions
- Dickinson v. Central National BankMassachusetts Supreme Judicial Court · 1880
- Smythe v. SpragueMassachusetts Supreme Judicial Court · 1889
- Dempsey v. GardnerMassachusetts Supreme Judicial Court · 1879
- Peninsular Stove Co. v. EllisIndiana Court of Appeals · 1898
- Kenney v. IngallsMassachusetts Supreme Judicial Court · 1879
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