Bowlin v. Nye
Massachusetts Supreme Judicial Court
Trover to recover the value of a certain bale of cloth delivered to the defendant. At the trial in the court of common pleas, the plaintiff introduced the following evidence: Moses Whitherell testified that, in October, 1848, he received a bale of cloth directed to the plaintiff, and marked James Bowlin.
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Trover to recover the value of a certain bale of cloth delivered to the defendant. At the trial in the court of common pleas, the plaintiff introduced the following evidence: Moses Whitherell testified that, in October, 1848, he received a bale of cloth directed to the plaintiff, and marked James Bowlin. That he brought it home, and the next morning stopped at the defendant’s house and took in some bales into his own wagon for him and carried them all, including the bale for the plaintiff, down to the landing, and Captain Nye’s boat came along and he delivered the bales to Mr. Potter into the…
1Opinion of the CourtMetcalf, J.
The court cannot see, in the testimony set forth in this bill of exceptions, any sufficient evidence of a conversion of the plaintiff’s goods by the defendant. The most which that testimony and all legitimate inferences from it prove, seems to us to be, that those goods were put on board the defendant’s schooner, for transportation, and have since been lost. But an action of trover cannot be maintained against a carrier or wharfinger for goods lost by him or stolen from him. Owen v. Lewyn, 1 Vent. 223; Anon. 2 Salk. 665; Ross v. Johnson, 5 Bur. 2825. Conversion, when applied to the action of…
2Cited by2 opinions
- Vandalia Railroad v. Upson Nut Co.Indiana Court of Appeals · 1913
- Vandalia Railroad v. Upson Nut Co.Indiana Court of Appeals · 1913