Peebles v. Boston & Albany Railroad
Massachusetts Supreme Judicial Court
Tort, for the alleged conversion of 38 bushels of rye, part of the contents of a freight car. At the trial in the Superior Court, before Bacon, J., the plain tiffs proved that they ordered two car loads of rye by the following letter : “ Dec. 31,1870. Messrs. E. S. Easton & Co., Peoria, HI. Gentlemen : Send us 2 cars rye. We want a good quality and clean, not particular about its being white, but good sized berry.
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Tort, for the alleged conversion of 38 bushels of rye, part of the contents of a freight car. At the trial in the Superior Court, before Bacon, J., the plain tiffs proved that they ordered two car loads of rye by the following letter : “ Dec. 31,1870. Messrs. E. S. Easton & Co., Peoria, HI. Gentlemen : Send us 2 cars rye. We want a good quality and clean, not particular about its being white, but good sized berry. Have sold it cheap, so buy and send it so that we shall make something if possible. Bill to West Springfield, and oblige, Respectfully yours, Peebles & Mattoon. M.” To this letter…
1Opinion of the CourtEndicoti, J.
The defendant has no just ground of exception to the admission of the evidence objected to at the trial.
It was competent, on the question of title, for the plaintiffs to prove that they had bought and paid for 22,630 pounds of rye, the contents of the car which arrived at West Springfield consigned to them. The oral evidence, that the bill of lading called for that amount, did not injuriously affect the defendant, as the bill itself was put in evidence without objection. Merrick v. Plumley, 99 Mass. 566. Roberts v. Wentworth, 5 Cush. 192.
*508The rulings of the presiding judge, in submitting the…
2Cases cited1 opinion
- Merrick v. PlumleyMassachusetts Supreme Judicial Court · 1868
3Cited by7 opinions
- Forbes v. Boston and Lowell RailroadMassachusetts Supreme Judicial Court · 1882
- Morrison v. City of LawrenceMassachusetts Supreme Judicial Court · 1904
- Schayer v. Commonwealth Loan Co.Massachusetts Supreme Judicial Court · 1895
- Williams v. PatrickMassachusetts Supreme Judicial Court · 1900
- Whitney v. Inhabitants of LeominsterMassachusetts Supreme Judicial Court · 1883
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