Stone v. Perry
Supreme Judicial Court of Maine
On report from the superior court for this county. Replevin for one hundred barrels of flour, which the defendant as sheriff of this county had attached as the property of Alonzo Butler, of Portland.
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On report from the superior court for this county. Replevin for one hundred barrels of flour, which the defendant as sheriff of this county had attached as the property of Alonzo Butler, of Portland. Writ dated July 11, 1871. It appeared, on the part of the plaintiffs, that on July 5, 1871, a broker called at plaintiffs’ place of business in Boston, and inquired the price per barrel of one hundred barrels of flour of a certain brand; plaintiffs asked whom it was for, and the broker replied, Butler, of Portland; plaintiff said he did not know him, but would sell the flour at $8.75 for cash;…
1Opinion of the CourtAppleton, C. J.
The plaintiffs, merchants in Boston, through the intervention of a broker, on.July 5,1871, sold to A. Butler & Co., one hundred barrels of flour, which they shipped on Friday, *50the 7th July. The sale was for cash. The bill of goods, which was forwarded on 8th July, had on the margin the words, ‘ terms cash.’ On Monday, one of the plaintiffs went to Portland, and, finding the firm of Butler & Co. had failed, and that the flour had been attached, commenced an action of replevin.
The sale to Butler & Co. was conditional. The condition has not been complied with. The attaching creditor can only…
2Cases cited4 opinions
- Hirschorn v. CanneyMassachusetts Supreme Judicial Court · 1867
- Adams v. O'ConnorMassachusetts Supreme Judicial Court · 1868
- Hammett v. . LinnemanNew York Court of Appeals · 1872
- Bauendahl v. HorrU.S. Circuit Court for the District of Connecticut · 1870
3Cited by9 opinions
- McIver v. Williamson-Halsell-Frasier Co.Supreme Court of Oklahoma · 1907
- Mabray v. Kelly-Goodfellow Shoe Co.Missouri Court of Appeals · 1898
- Strauss, Pritz & Co. v. S. Hirsch & Co.Missouri Court of Appeals · 1895
- Pond Machine Tool Co. v. RobinsonSupreme Court of Minnesota · 1888
- Daugherty v. FowlerSupreme Court of Kansas · 1890
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