Haskins v. Warren
Massachusetts Supreme Judicial Court
Replevin of 70 bales of cotton. Writ dated December 9,1868. At the trial in the Superior Court, before Devens, J., the following facts appeared: J. N. Brooks, one of the firm of J. 1ST. Brooks fc Co., cotton brokers of Boston, who were employed by the plaintiffs to sell this cotton, on Friday, December 4, 1868, went to the office of Jenkins Brothers & Chipman, cotton dealers in Boston, and offered the cotton to them for sale; they made an offer for it, which was communicated…
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Replevin of 70 bales of cotton. Writ dated December 9,1868. At the trial in the Superior Court, before Devens, J., the following facts appeared: J. N. Brooks, one of the firm of J. 1ST. Brooks fc Co., cotton brokers of Boston, who were employed by the plaintiffs to sell this cotton, on Friday, December 4, 1868, went to the office of Jenkins Brothers & Chipman, cotton dealers in Boston, and offered the cotton to them for sale; they made an offer for it, which was communicated by Brooks to the plaintiffs, and by them declined ; and the plaintiffs then informed Brooks that he might sell it at…
1Opinion of the CourtWells, J.
Upon the facts stated in the bill of exceptions, independently of the evidence relating to usage, there was a sale of the cotton, by which the title passed to Jenkins Brothers & Chip man.
In a sale of chattels, when the specific articles are set apart, or identified for the purpose, and there is no stipulation for credit, the sale, as between the parties, takes effect at once to pass the title to the purchaser, unless there is some agreement to the contrary ; and the price is also due at the same time. The seller may maintain assumpsit for goods bargained and sold, without any further…
2Cases cited5 opinions
- Jordan v. OsgoodMassachusetts Supreme Judicial Court · 1872
- Morse v. ShermanMassachusetts Supreme Judicial Court · 1871
- Odiorne v. New England Mutual Marine InsuranceMassachusetts Supreme Judicial Court · 1869
- Reed v. RichardsonMassachusetts Supreme Judicial Court · 1867
- Snelling v. HallMassachusetts Supreme Judicial Court · 1871
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- DiMarzo v. American Mutual InsuranceMassachusetts Supreme Judicial Court · 1983
- Johnson—Brinkman Commission Co. v. Central BankSupreme Court of Missouri · 1893
- Barrie v. QuinbyMassachusetts Supreme Judicial Court · 1910
- Conahan v. FisherMassachusetts Supreme Judicial Court · 1919
- Rickerson v. . Hartford Fire Ins. Co.New York Court of Appeals · 1896
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