Lewenberg v. Hayes
Supreme Judicial Court of Maine
On Exceptions by Plaintiee. This was an action of replevin of merchandise, in which the plaintiff claimed that he had never parted with his title. The defendant claimed to have purchased the merchandise in good faith, for a valuable consideration, of one Fred A. Dubay, who at the time had the goods in his possession. The case was heard by the presiding justice without a jury, with leave to except.
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On Exceptions by Plaintiee. This was an action of replevin of merchandise, in which the plaintiff claimed that he had never parted with his title. The defendant claimed to have purchased the merchandise in good faith, for a valuable consideration, of one Fred A. Dubay, who at the time had the goods in his possession. The case was heard by the presiding justice without a jury, with leave to except. There was no conflict of testimony, and the court ruled pro forma, as matter of law, that upon the evidence the defendant was entitled to judgment. The court also ruled pro forma that if the…
1Opinion of the CourtHaskell, J.
Plaintiff sold one Dubay certain merchandise, half cash, half in thirty days, and delivered the goods without exacting the cash. The goods were shipped from Boston, September 4th, and were received in usual time by Dubay and by him sold to defendant October 1st, and they were replevied during the month of October.
The delivery without exacting the cash payment was evidence that the same had been waived, and if it had, the title passed to Dubay and his vendees. He had ordered goods August 27th, and September 16th, both before and after the bill in question, and they were shipped upon the same…
2Cited by4 opinions
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- Watts v. AinsworthMississippi Supreme Court · 1906
- Wm. Franz & Co v. FinkLouisiana Court of Appeal · 1909