Dunbar v. Boston & Providence Railroad
Massachusetts Supreme Judicial Court
Tort against common carriers. The first count of the declaration was for negligently losing a quantity of gin and whiskey intrusted to the defendants. The second count was for delivering the liquors to the wrong person.
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Tort against common carriers. The first count of the declaration was for negligently losing a quantity of gin and whiskey intrusted to the defendants. The second count was for delivering the liquors to the wrong person. The case was submitted to the judgment of the Superior Court, and, on appeal, of this court on the following agreed facts : On October 17,1870, John F. Gorman, a stranger to the plaintiff, representing himself to be John H. Young of Providence in Rhode Island, purchased the liquors of the plaintiff at Boston, on a credit of thirty days. They were marked by his order “ John H.…
1Opinion of the CourtChapman, C. J.
The plaintiff sold the gin and whiskey which are the subject of this action to a person calling himself John H. Young of Providence, and delivered them to the defendants to be carried to the same person in Providence by the same name. As he was the only person in Providence who bore that, name, there was no other individual to whom the defendants could deliver the property. A delivery to him would be a performance of the contract. The fact that he was known to the delivery clerk as John F. Gorman, made it necessary for him to conceal from the clerk the fictitious name, and to pretend that he…
2Cited by16 opinions
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