Edwards v. White Line Transit Co.
Massachusetts Supreme Judicial Court
Contract against common carriers for breach of their agreement to carry safely from Cincinnati to Providence, and deliver to the plaintiffs, a car load of middlings. Another count on a contract to carry corn is now immaterial.
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Contract against common carriers for breach of their agreement to carry safely from Cincinnati to Providence, and deliver to the plaintiffs, a car load of middlings. Another count on a contract to carry corn is now immaterial. At the trial in the superior court, before Morton, J., without a jury, it appeared that the plaintiffs, doing business in Providence, bought the middlings in question from the firm of David Schwartz & Company in Cincinnati; and that David Schwartz & Company delivered them to the defendants, received from the defendants a receipt, and sent it to the plaintiffs with a…
1Opinion of the CourtWells, J.
Tbs only exception relied on here is that which relates to the car load of “ middlings ” taken from the carriers by attachment, and sold on execution, in a suit brought in New York against the plaintiffs’ consignors, David Schwartz & Com pony, by parties from whom they had previously obtained the property.
The court held, and we think correctly, that there was a sufficient transfer and delivery from David Schwartz & Company, to"vest the title in the plaintiffs; that the suit against David Schwartz & Company, the judgment therein, and levy upon the property, were sufficient to show a waiver of…
2Cases cited2 opinions
- Freeman v. HoweSupreme Court of the United States · 1861
- Stiles v. Davis & BartonSupreme Court of the United States · 1861
3Cited by12 opinions
- Kiff v. Old Colony & Newport Railway Co.Massachusetts Supreme Judicial Court · 1875
- Robinson v. Memphis & C. R.United States Circuit Court · 1883
- Bennett v. American Express Co.Supreme Judicial Court of Maine · 1891
- Clegg v. Boston Storage Warehouse Co.Massachusetts Supreme Judicial Court · 1889
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. CoxIndiana Court of Appeals · 1905
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