Libby v. Ingalls
Massachusetts Supreme Judicial Court
Contract to recover the value of 33 barrels of beef, with a count in tort, for the conversion of the same, alleged to be for the same cause of action.
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Contract to recover the value of 33 barrels of beef, with a count in tort, for the conversion of the same, alleged to be for the same cause of action. The case was submitted to the Superior Court, and, after judgment for the plaintiffs, for the full amount claimed, to this court, on appeal, on an agreed statement of facts in substance as follows: The barrels of beef in question were delivered by the plain tiffs, doing business under the style of Libby, McNeill & Libby, at Chicago, Illinois, in the month of June, 1875, in different lots, from time to time, to the Lake Shore and Michigan…
1Opinion of the CourtSoule, J.
The receipts of the Red Line Transit Company were the only evidences of contract or of title which the plaintiffs took from the carrier. These receipts named the plaintiffs as consignors and consignees. The freight bills delivered by the Boston and Albany Railroad Company to the defendants instructed them, in accordance with the contract shown by the receipts, to deliver the goods to the order of the plaintiffs. Till the defendants could deliver them to the plaintiffs, or some one showing authority from the plaintiffs to receive them, it was their duty to retain them and take all reasonable…
2Cases cited3 opinions
- First National Bank of Green Bay v. DearbornMassachusetts Supreme Judicial Court · 1874
- Newcomb v. Boston & Lowell RailroadMassachusetts Supreme Judicial Court · 1874
- Alderman v. Eastern RailroadMassachusetts Supreme Judicial Court · 1874
3Cited by11 opinions
- Commonwealth v. SheaMassachusetts Supreme Judicial Court · 1948
- Mills v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1913
- Union Stock Yards Co. v. WestcottNebraska Supreme Court · 1896
- North v. Merchants & Miners' Transportation Co.Massachusetts Supreme Judicial Court · 1888
- St. Louis S. F. R. Co. v. AllenSupreme Court of Oklahoma · 1912
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