First National Bank v. Crocker
Massachusetts Supreme Judicial Court
Tort against James B. Crocker, Jr., Charles L. Smith and Edward F. Smith, copartners under the style of Crocker, Smith & Company, for the conversion of 100 barrels of flour.
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Tort against James B. Crocker, Jr., Charles L. Smith and Edward F. Smith, copartners under the style of Crocker, Smith & Company, for the conversion of 100 barrels of flour. Trial in the Superior Court, before Devens, J., who, by consent of the parties, before verdict, took the case from the jury and made, for the consideration of this court, a report of the case, from which the following facts appeared: S. Decatur Ayers and Elias J. Ayers, doing business in Cairo in the State of Illinois, under the name of Ayers & Company, as flour merchants, had had dealings with the defendants, who were…
1Opinion of the CourtAmes, J.
It is manifest that the flour was not placed in the hands of these defendants for the purpose of securing an existing debt, or indemnifying them for any advances that they had made. It was not consigned to them in order that it might be sold, and the proceeds carried to the credit of Ayers & Company in gen*166eral account current. It is true that the consignors knew that they had overdrawn their account, and that they had expressly promised to “ make it all right ” at the next shipment. But that was an executory contract. The proposed correction stood wholly in agreement. A general promise to…
2Cases cited4 opinions
- Conard v. Atlantic Ins. Co. of NYSupreme Court of the United States · 1828
- Gibson v. StevensSupreme Court of the United States · 1850
- Merchants' National Bank of Cincinnati v. BangsMassachusetts Supreme Judicial Court · 1869
- Stanton v. SmallThe Superior Court of New York City · 1849
3Cited by25 opinions
- Forbes v. Boston and Lowell RailroadMassachusetts Supreme Judicial Court · 1882
- Scharff v. MeyerSupreme Court of Missouri · 1896
- Erwin v. HarrisSupreme Court of Georgia · 1891
- First National Bank of Green Bay v. DearbornMassachusetts Supreme Judicial Court · 1874
- A. J. Neimeyer Lumber Co. v. Burlington & Missouri River RailroadNebraska Supreme Court · 1898
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