Hall v. Boston & Worcester Railroad
Massachusetts Supreme Judicial Court
Tort against a railroad corporation for the conversion of twenty-eight barrels of flour. At the trial in the superior court, before Morton, J., it appeared that Messrs. Clap & Brother, dealers in flour, were the owners of a large quantity of flour of the same brand as the flour claimed to have been converted by the defendants, which had been consigned to them at Boston, and brought to that city by the defendants as common carriers, and was deposited in their freight depot.
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Tort against a railroad corporation for the conversion of twenty-eight barrels of flour. At the trial in the superior court, before Morton, J., it appeared that Messrs. Clap & Brother, dealers in flour, were the owners of a large quantity of flour of the same brand as the flour claimed to have been converted by the defendants, which had been consigned to them at Boston, and brought to that city by the defendants as common carriers, and was deposited in their freight depot. The plaintiffs entered into a contract with Clap & Brother for the purchase of fifty barrels, part of this flour, and…
1Opinion of the CourtFoster, J.
The plaintiffs purchased and paid for fifty barrels of flour, and received a bill of sale from Clap & Brother, together with an order by them upon the defendant corporation to deliver that number of barrels. The defendants had at that time in their freight house a larger number belonging to Clap & Brother. The order was presented to the proper clerk of the railroad corporation by the teamster of the plaintiffs, who gave a receipt for" fifty barrels, and received in return “ a flour check ” or order upon the clerk whose business it was to deliver such freight, for the same number in favor of…
2Cases cited1 opinion
- Lawrence v. SimonsNew York Supreme Court · 1848
3Cited by1 opinion
- Hildegarde, Inc. v. WrightSupreme Court of Minnesota · 1955