Cowing v. Snow
Massachusetts Supreme Judicial Court
Error to the Common Pleas for this county, to reverse a judgment of that court, rendered in favor of the said Snow in an action of trespass de bonis asjjortatis, in which Snow was plaintiff and Cowing defendant. The cause was tried in court below upon the general issue; and the facts proved at the trial appear in a bill of exceptions to the direction of the court to the jury, filed by the original defendant, which came up in the case.
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Error to the Common Pleas for this county, to reverse a judgment of that court, rendered in favor of the said Snow in an action of trespass de bonis asjjortatis, in which Snow was plaintiff and Cowing defendant. The cause was tried in court below upon the general issue; and the facts proved at the trial appear in a bill of exceptions to the direction of the court to the jury, filed by the original defendant, which came up in the case. The plaintiff, Snoiv, was part owner, and agent for the other owners, of the sloop Flash, of which one Barstow was master, on a voyage from Rochester to New…
1Opinion of the Court
Curia.
It is very clear that Barstow, the master of the vessel,
had a lien upon the barrel of flour for the freight and for the balance of its price due to him; and admitting the general property to have been in Cowing, he could not legally * take it out of the hands of Barstow until he had paid [ * 417 ] or tendered the sum due. The act of taking, therefore, was a trespass, for which Cowing was liable in damages. The only question is, to whom was he liable ? And upon this question we are inclined to think, as it was delivered into the special custody of Snow, with directions not to deliver it…
2Cases cited2 opinions
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