Moody v. Blake
Massachusetts Supreme Judicial Court
Tori for the conversion of 200 bedsteads. Trial in the Superior Court, before Putnam, J., who allowed a bill of exceptions in substance as follows : The plaintiff put in evidence tending to show the following facts: One Porter came to the plaintiff’s place of business in Bethel, Maine, and gave him a business card of H. S. Hills & Co., of Boston, and told the plaintiff that he was A. C. Pool, a member of that firm; that they were going to fit up a boardinghouse, and wanted…
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Tori for the conversion of 200 bedsteads. Trial in the Superior Court, before Putnam, J., who allowed a bill of exceptions in substance as follows : The plaintiff put in evidence tending to show the following facts: One Porter came to the plaintiff’s place of business in Bethel, Maine, and gave him a business card of H. S. Hills & Co., of Boston, and told the plaintiff that he was A. C. Pool, a member of that firm; that they were going to fit up a boardinghouse, and wanted some bedsteads. The plaintiff showed him some bedsteads, and a price was fixed, and the terms of payment, and then Porter…
1Opinion of the CourtAmes, J.
It is well settled that where a vendor is induced by fraudulent representations to deliver property to a dishonest or irresponsible purchaser, yet, if that purchaser transfers it for a valuable consideration to a third person having no notice of the fraud, and acting in good faith, such third person will hold the property in preference to the original seller. Hoffman v. Noble, 6 Met. 68. Rowley v. Bigelow, 12 Pick. 307. But the present case does not fall within this rule. The plaintiff never sold these goods to Porter, and made no contract with him. He supposed himself to be dealing only with…
2Cases cited1 opinion
- Bearce v. BowkerMassachusetts Supreme Judicial Court · 1874
3Cited by14 opinions
- Alexander v. SwackhamerIndiana Supreme Court · 1886
- Thacher v. MoorsMassachusetts Supreme Judicial Court · 1883
- Harlan v. BrownIndiana Court of Appeals · 1892
- Roehrich v. Holt Motor Co.Supreme Court of Minnesota · 1938
- Payne v. MeltonSupreme Court of South Carolina · 1903
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