Kennedy v. Drake
Massachusetts Supreme Judicial Court
Appeal, under R. L. c. 142, §§ 11-13, filed in the Superior Court on June 2, 1913, by a creditor of the estate of William E. Drake, late of Easton, from a decision of commissioners in insolvency allowing his claim, which, as presented to the commissioners, was for $5,625.58, in the sum of $956.18-only.
Read the full summary
Appeal, under R. L. c. 142, §§ 11-13, filed in the Superior Court on June 2, 1913, by a creditor of the estate of William E. Drake, late of Easton, from a decision of commissioners in insolvency allowing his claim, which, as presented to the commissioners, was for $5,625.58, in the sum of $956.18-only. The case was referred to an auditor and afterwards by agreement of the parties was heard by Raymond, J., without a jury, the findings of fact in the auditor’s report, except inferences of fact, being treated as an agreed statement of facts. Besides the facts stated in the opinion, the judge…
1Opinion of the CourtPierce, J.
The agreed facts and reasonable inferences of fact prove a bailment and not a sale of the bags and sacks in which the grain sold to Drake was contained. Hunt v. Wyman, 100 Mass. 198. The system of bookkeeping makes it plain that the charge entries of bags and sacks were but memoranda of their delivery without change of title to Drake, to be returned within a reasonable time. Hunt v. Wyman, supra. The credit items are not evidence sufficient to warrant a finding of a sale to Drake and a resale to Dean. Such would not be the result if the transaction indicated an intention to make a present…
2Cases cited8 opinions
- Delano v. SmithMassachusetts Supreme Judicial Court · 1910
- Hunt v. WymanMassachusetts Supreme Judicial Court · 1868
- Ramsay v. WarnerMassachusetts Supreme Judicial Court · 1867
- Haynes v. NiceMassachusetts Supreme Judicial Court · 1868
- Eldridge v. SmithMassachusetts Supreme Judicial Court · 1887
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Capano v. MelchionnoMassachusetts Supreme Judicial Court · 1937
- City of Boston v. NielsenMassachusetts Supreme Judicial Court · 1940
- Credit Service Corp. v. BarkerMassachusetts Supreme Judicial Court · 1941
- Arnold v. North American Chemical Co.Massachusetts Supreme Judicial Court · 1919
- Turner v. ButtrickMassachusetts Supreme Judicial Court · 1930
6 more not listed; retrieve them via the Exa API.