American Garment Co. v. Taylor

The plaintiff seeks to recover damages in an action of contract brought in the Municipal Court of the City of Boston for the failure of the defendant, a common carrier, to deliver to the plaintiff a case of merchandise, received by the defendant from the New England Manufacturing Company for transportation and delivery to the plaintiff at Boston. The defendant’s answer contained an allegation that the goods in question were returned to the consignor for the reason that they were unfit for ship*528ment. No question was raised as to the form of action. Blanchard v. Page, 8 Gray, 281, 289. Henry J.…