Moors v. Bird
Massachusetts Supreme Judicial Court
Contract for $7,000. Writ dated September 15, 1902. The defendant filed an answer containing a general denial, and the following declaration in set-off: “ The defendant says that he is a manufacturer of paper and the firm of Horace Dutton and Company, hereinafter mentioned, doing business in Boston and in England, were previous to January 1, 1898, and up to the date of the writ dealers in paper stock.
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Contract for $7,000. Writ dated September 15, 1902. The defendant filed an answer containing a general denial, and the following declaration in set-off: “ The defendant says that he is a manufacturer of paper and the firm of Horace Dutton and Company, hereinafter mentioned, doing business in Boston and in England, were previous to January 1, 1898, and up to the date of the writ dealers in paper stock. “ That previous to the year 1898, the defendant entered into a contract with Horace Dutton and Company, by which Horace Dutton and Company agreed to sell to him paper stock of various kinds used…
1Opinion of the CourtLoring, J.
It is settled in this Commonwealth that a banker gets the title to goods bought under such a commercial letter of credit as that now in question, Moors v. Drury, 186 Mass. 424, and cases there cited, and that that title is not lost by a delivery of the goods under such a trust receipt as that which we have here. Moors v. Wyman, 146 Mass. 60.
The delivery by Dutton and Company of the paper stock in question to the defendant created a sale by the plaintiffs to the defendant on the terms of the original contract between Dutton and Company and the defendant, as in Plunger Elevator Co. v. Day, 184…
2Cases cited8 opinions
- The Kingston Bank v. . EltingeNew York Court of Appeals · 1869
- Corn Exchange Bank v. . Nassau BankNew York Court of Appeals · 1883
- Merchants' Insurance Co. of Providence v. AbbottMassachusetts Supreme Judicial Court · 1881
- Koontz v. Central National BankSupreme Court of Missouri · 1873
- Moors v. WymanMassachusetts Supreme Judicial Court · 1888
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- United States Fidelity and Guaranty Co. v. ReaganSupreme Court of North Carolina · 1961
- Rockland Trust Co. v. South Shore National BankMassachusetts Supreme Judicial Court · 1974
- Morrison v. Boston InsuranceMassachusetts Supreme Judicial Court · 1920
- Peoples National Bank v. MulhollandMassachusetts Supreme Judicial Court · 1916
- Gold Brand Confectionery, Inc. v. DimickMassachusetts Supreme Judicial Court · 1931
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