Legal Opinion

Keystone Grape Co. v. Hustis

Massachusetts Supreme Judicial Court

Decided February 26, 1919PublishedCited by 8 opinions

Contract or tort against the receiver of the property of the Boston and Maine Railroad, the first count of the declaration being in tort for the alleged conversion of a carload of grapes of the value of $365.92, and the second count being in contract for a breach by the defendant of his alleged contract not to deliver the carload of grapes without the surrender of the original bill of lading properly indorsed.

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Contract or tort against the receiver of the property of the Boston and Maine Railroad, the first count of the declaration being in tort for the alleged conversion of a carload of grapes of the value of $365.92, and the second count being in contract for a breach by the defendant of his alleged contract not to deliver the carload of grapes without the surrender of the original bill of lading properly indorsed. Writ in the Muncipal Court of the City of Boston dated May 28, 1917. At the trial in the Municipal Court the case was presented upon an agreed statement of facts. The material facts are…

1Opinion of the CourtCrosby, J.

This is an action of contract or tort to recover the value of a carload of grapes, consigned by.the plaintiff from North East in the State, of Pennsylvania to one Snow in Boston. The declaration contains two counts, the first for conversion of the grapes and the second, in contract, to recover the amount of the shipment. The judge of the Municipal Court of the City of Boston before whom the case was tried found for the plaintiff on the first count.

The case was submitted on an agreed statement of facts from which it appeared that the plaintiff agreed he would ship to Snow one carload of grapes…

2Cases cited5 opinions

  1. Welch v. AdamsMassachusetts Supreme Judicial Court · 1890
  2. Illustrated Card & Novelty Co. v. DolanMassachusetts Supreme Judicial Court · 1911
  3. Slade v. MutrieMassachusetts Supreme Judicial Court · 1892
  4. Lathrop v. PageMassachusetts Supreme Judicial Court · 1880
  5. Voghel v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1913

3Cited by8 opinions

  1. Lonergan v. Highland Trust Co.Massachusetts Supreme Judicial Court · 1934
  2. Ansin v. Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1922
  3. National Wholesale Grocery Co. v. MannMassachusetts Supreme Judicial Court · 1925
  4. Wasilauskas v. Brookline Savings BankMassachusetts Supreme Judicial Court · 1927
  5. Feinberg v. LevineMassachusetts Supreme Judicial Court · 1921

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