Singer v. Merchants Despatch Transportation Co.
Massachusetts Supreme Judicial Court
Contract or tort for the value of three cases of hoots and shoes entrusted to the defendant for transportation to Springfield, Illinois. Writ in the Municipal Court of the City of Boston dated December 2,1901. On appeal to the Superior Court the case was tried before Wait, J., without a jury. The following facts were agreed for presentation to this court: The plaintiff in November, 1900, was in the wholesale and retail shoe business at 10 Cross Street in Boston.
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Contract or tort for the value of three cases of hoots and shoes entrusted to the defendant for transportation to Springfield, Illinois. Writ in the Municipal Court of the City of Boston dated December 2,1901. On appeal to the Superior Court the case was tried before Wait, J., without a jury. The following facts were agreed for presentation to this court: The plaintiff in November, 1900, was in the wholesale and retail shoe business at 10 Cross Street in Boston. On November 21, 1900, he delivered to the defendant for transportation to Springfield, Illinois, three cases of boots and shoes,…
1Opinion of the CourtLoring, J.
The contract of the defendant in the case at bar was to deliver the cases in question to L. Singer, Springfield, Illinois, without requiring the production of a receipt or bill of lading.
By accepting the receipt, which states the conditions upon which the property is received, the plaintiff accepted those terms as part of the contract. Grace v. Adams, 100 Mass. 505. Hoadley v. Northern Transportation Co. 115 Mass. 304. Fonseca v. Cunard Steamship Co. 153 Mass. 553. The receipt in question states on its face that these conditions are to be found on the back. Such a receipt comes within that…
2Cases cited12 opinions
- Grace v. AdamsMassachusetts Supreme Judicial Court · 1868
- Hoadley v. Northern Transportation Co.Massachusetts Supreme Judicial Court · 1874
- Fonseca v. Cunard Steamship Co.Massachusetts Supreme Judicial Court · 1891
- Forbes v. Boston and Lowell RailroadMassachusetts Supreme Judicial Court · 1882
- Vermilye & Co. v. Adams Express Co.Supreme Court of the United States · 1875
7 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Kergald v. Armstrong Transfer Express Co.Massachusetts Supreme Judicial Court · 1953
- Brown v. Floersheim Mercantile Co.Massachusetts Supreme Judicial Court · 1910
- New York, New Haven, & Hartford Railroad v. SampsonMassachusetts Supreme Judicial Court · 1916
- Porter v. Ocean Steamship Co.Massachusetts Supreme Judicial Court · 1916
- Myers v. American Railway Express Co.Massachusetts Supreme Judicial Court · 1923
4 more not listed; retrieve them via the Exa API.