Cox v. Andersen
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on March 12, 1904, by Daniel W. Cox, of Harrisburg in the State of Pennsylvania, doing business under the name of D. W. Cox and Company, against Christian P. Andersen, doing business in Boston, and the Andersen Coal Mining Company, a corporation organized under the laws of the State of New Jersey and having a usual place of business in Boston, to reach and apply the interest of the defendant Andersen in the defendant corporation to…
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Bill in equity, filed in the Superior Court on March 12, 1904, by Daniel W. Cox, of Harrisburg in the State of Pennsylvania, doing business under the name of D. W. Cox and Company, against Christian P. Andersen, doing business in Boston, and the Andersen Coal Mining Company, a corporation organized under the laws of the State of New Jersey and having a usual place of business in Boston, to reach and apply the interest of the defendant Andersen in the defendant corporation to the payment of a debt of $1,654.86 alleged to be due from the defendant Andersen to the plaintiff-for coal sold and…
1Opinion of the CourtLoring, J.
1. We are of opinion that on the facts stated in his report the master cannot be held to be wrong in finding as a fact that the sale was not a sale by sample. The specimen shown the defendant’s agent Ellicutt, on September 26, was not called a sample by the plaintiff; and, although that sent to the defendant by express on September 27 was spoken of in the plaintiff’s letter as a sample, that did not prevent the master from finding that the sale made was a sale of the coal as the plaintiff received it from the dredgers, whether better or worse than the specimens. See in this connection Weston…
2Cases cited2 opinions
- Weston v. BarnicoatMassachusetts Supreme Judicial Court · 1900
- Dr. A. P. Sawyer Medicine Co. v. JohnsonMassachusetts Supreme Judicial Court · 1901
3Cited by2 opinions
- Barrie v. QuinbyMassachusetts Supreme Judicial Court · 1910
- Arons v. CummingsSupreme Judicial Court of Maine · 1910