Gay v. Bates
Massachusetts Supreme Judicial Court
Contract. Writ dated September 16, 1867. The declaration alleged that the defendant was carrying on the business of warehouseman at Bartlett’s Wharf in Boston, of which he was lessee, when the plaintiffs delivered to him fifty-five tons of iron which he received for storage on the ordinary contract of a warehouseman, whereby he became bound to use reasonable care to preserve the iron from rusting ; and that through his negligence the iron was rusted and injured.
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Contract. Writ dated September 16, 1867. The declaration alleged that the defendant was carrying on the business of warehouseman at Bartlett’s Wharf in Boston, of which he was lessee, when the plaintiffs delivered to him fifty-five tons of iron which he received for storage on the ordinary contract of a warehouseman, whereby he became bound to use reasonable care to preserve the iron from rusting ; and that through his negligence the iron was rusted and injured. The answer admitted the receipt of the iron from the plaintiffs for storage; denied that it was received on such a contract as was…
1Opinion of the CourtWells, J.
Upon proof of the character of the defendant aa warehouseman, and the delivery to and receipt by him of the iron for storage, the law, in the absence of other facts, would *267imply a contract upon the one side to pay a reasonable compensation, and on the other to keep safely and in a propel place, and to exercise reasonable care against injury to the deposit. These facts are admitted; but these facts are not the contract which is the cause of action. The contract is the legal inference from the facts; and that is put in issue by the pleadings. The inference of law furnishes to the plaintiff a…
2Cited by10 opinions
- Telegram Newspaper Co. v. CommonwealthMassachusetts Supreme Judicial Court · 1899
- Willett v. RichMassachusetts Supreme Judicial Court · 1886
- Phipps v. MahonMassachusetts Supreme Judicial Court · 1886
- Grebenstein v. Stone & Webster Engineering Corp.Massachusetts Supreme Judicial Court · 1910
- Wilder v. CowlesMassachusetts Supreme Judicial Court · 1868
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