Bay State Paper Co. v. Duggan

The plaintiff sues in replevin for certain reams of paper attached and held by the defendant as a constable in an action against the plaintiff’s vendees. The defendant having prevailed, the case is here on exceptions which are solely to the exclusion of evidence.

The terms of sale originally were to be one half in cash on de*167livery and the balance in two promissory notes payable respectively in thirty and sixty days. Upon delivery of the goods to the carrier consigned to the vendees, to whom the bill of lading and invoices also had been sent, and the freight prepaid, the title would have vested…