Wigton v. Bowley
Massachusetts Supreme Judicial Court
Tort for the conversion of 112 barrels of flour. Answer, a general denial. The case was submitted to the Superior Court, and, after judgment for the defendants, to this court, on appeal, upon agreed facts, in substance as follows: The plaintiffs are proprietors of flouring mills in Hart, Michigan; and, on October 18,1878, they received from Henry Fenno, who was then doing business in Boston, a letter asking for the price per car-load of their flour delivered on board the…
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Tort for the conversion of 112 barrels of flour. Answer, a general denial. The case was submitted to the Superior Court, and, after judgment for the defendants, to this court, on appeal, upon agreed facts, in substance as follows: The plaintiffs are proprietors of flouring mills in Hart, Michigan; and, on October 18,1878, they received from Henry Fenno, who was then doing business in Boston, a letter asking for the price per car-load of their flour delivered on board the cars. On October 28, the plaintiffs sent to Fenno the figures requested ; and, on October 31, Fenno ordered of the…
1Opinion of the CourtColt, J.
Upon the agreed facts, the court below was justified in finding that the property in the flour was transferred to Fenno, the purchaser, when it was delivered for transportation to the railroad company in Michigan.
It appears that Fenno, having obtained from the plaintiffs the price asked for their flour delivered on board the cars, ordered a car-load at the price named, and authorized the plaintiffs to draw on him for the amount at ten days’ sight, at the same time giving references to other parties as to his pecuniary standing. The plaintiffs took time to satisfy themselves as to his…
2Cases cited6 opinions
- Merchants' National Bank of Cincinnati v. BangsMassachusetts Supreme Judicial Court · 1869
- First National Bank v. CrockerMassachusetts Supreme Judicial Court · 1872
- Upton v. Sturbridge Cotton MillsMassachusetts Supreme Judicial Court · 1873
- Foster v. RopesMassachusetts Supreme Judicial Court · 1872
- Alderman v. Eastern RailroadMassachusetts Supreme Judicial Court · 1874
1 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- P. Garvan, Inc. v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1911
- Roach v. LaneMassachusetts Supreme Judicial Court · 1917
- Hamilton v. Jos. Schlitz Brewing Co.Supreme Court of Iowa · 1905
- Oester v. SitlingtonSupreme Court of Missouri · 1893
- Wheelhouse v. ParrMassachusetts Supreme Judicial Court · 1886
15 more not listed; retrieve them via the Exa API.