Crompton v. Pratt
Massachusetts Supreme Judicial Court
Tort for the conversion of a fulling mill, napper and shear. Writ dated February 13, 1869. At the trial in the superior court, before Devens, J., “ it appeared that the defendant was a dealer in machinery and manufacturers’ supplies ; that on February 5,1868, he sold and delivered the shear to John O’Brien, who,was a woollen manufacturer, for the agreed price of $100; that on February 21 he sold and delivered to O’Brien the napper for the agreed price of $35, and on March 30…
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Tort for the conversion of a fulling mill, napper and shear. Writ dated February 13, 1869. At the trial in the superior court, before Devens, J., “ it appeared that the defendant was a dealer in machinery and manufacturers’ supplies ; that on February 5,1868, he sold and delivered the shear to John O’Brien, who,was a woollen manufacturer, for the agreed price of $100; that on February 21 he sold and delivered to O’Brien the napper for the agreed price of $35, and on March 30 sold and delivered to O’Brien the fulling mill for the agreed price of $155, mating in all $290, all said articles to…
1Opinion of the CourtWells, J.
Upon the facts stated we think a jury would have been warranted in finding that the price of the articles sued for had been paid by O’Brien to the defendant, before the latter retook and sold them. They were charged in general account, upon the defendant’s books, with other articles sold and delivered in the usual mode. They were the earliest in date upon that account; “ the whole account being kept in the usual form of merchants’ book accounts.” The sums credited “ were paid by O’Brien and were received and applied by the defendant towards the payment of said account.” “Neither of them…
2Cases cited1 opinion
- Day v. BassettMassachusetts Supreme Judicial Court · 1869
3Cited by32 opinions
- Schoonover v. Osborne Bros.Supreme Court of Iowa · 1899
- American Woolen Co. v. MaagetSupreme Court of Connecticut · 1912
- Wait v. Homestead Building Ass'nWest Virginia Supreme Court · 1918
- Conduitt v. RyanIndiana Court of Appeals · 1891
- Lampasona v. CapriottiMassachusetts Supreme Judicial Court · 1936
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