Lorain Steel Co. v. Norfolk & Bristol Street Railway Co.
Massachusetts Supreme Judicial Court
Tortvfor the alleged conversion of certain rails, tracks, motors and motor equipments named in a schedule attached to the declaration. Writ dated June 16, 1902. In the Superior Court the case was heard by Pierce, J., without a jury, upon the pleadings and an auditor’s report.
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Tortvfor the alleged conversion of certain rails, tracks, motors and motor equipments named in a schedule attached to the declaration. Writ dated June 16, 1902. In the Superior Court the case was heard by Pierce, J., without a jury, upon the pleadings and an auditor’s report. The plaintiff claimed title as assignee of the Johnson Company, a Massachusetts corporation, the unpaid vendor of the property named in the declaration under a contract of conditional sale to the Norfolk Southern Street Railway Company. The defendant claimed title through the purchaser of the property of the Norfolk…
1Opinion of the CourtBraley, J.
Whatever title the plaintiff has to the property described in the declaration is under a written agreement made by the Johnson Company with the Norfolk Southern Street Railway Company to furnish and equip with rails, trucks, motors and motor equipments the street railway now owned and operated by the defendant.
It was expressly provided by the contract, that the materials made or supplied for this purpose should remain the property of the vendor until payment therefor had been fully made.
This condition has not been complied with, and unless its performance has been waived, or the defendant has…
2Cases cited26 opinions
- Yazoo & Mississippi Valley Railroad v. ThomasSupreme Court of the United States · 1889
- Hunt v. Bay State Iron Co.Massachusetts Supreme Judicial Court · 1867
- Proprietors of Locks & Canals on Merrimack River v. Nashua & Lowell RailroadMassachusetts Supreme Judicial Court · 1870
- United States v. Oregon & California RailroadSupreme Court of the United States · 1896
- Attorney General v. Metropolitan RailroadMassachusetts Supreme Judicial Court · 1878
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3Cited by45 opinions
- Charles I. Hosmer, Inc. v. CommonwealthMassachusetts Supreme Judicial Court · 1939
- Commissioner of Corporations & Taxation v. ClubMassachusetts Supreme Judicial Court · 1945
- United Electric Light Co. v. Deliso Construction Co.Massachusetts Supreme Judicial Court · 1943
- Blackford v. NeavesArizona Supreme Court · 1922
- Commonwealth v. MorrisonMassachusetts Supreme Judicial Court · 1908
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