C. B. Cottrell & Sons Co. v. Carter, Rice, & Co.
Massachusetts Supreme Judicial Court
Replevin of three printing presses.- Trial in the Superior Court, before Hardy, J., who allowed a bill of exceptions, in substance as follows. The following facts appeared in evidence.
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Replevin of three printing presses.- Trial in the Superior Court, before Hardy, J., who allowed a bill of exceptions, in substance as follows. The following facts appeared in evidence. On March 10, 1892, the firm of C. B. Cottrell and Sons entered into an agreement with Harry G. Collins, and in pursuance thereof delivered the three presses which are the subject of this action to Collins, at No. 15 Milton Place, Boston, where they remained until removed under the replevin writ. This agreement recited that C. B. Cottrell and Sons “let to hire” three printing presses for the consideration of…
1Opinion of the CourtMorton, J.
Whether the agreement under which Collins received the presses, and to which the plaintiff succeeded before the mortgage by Collins to Nickerson, was one of hiring simply, or was a conditional sale, no title in the presses passed to Collins or could pass under it till the instalments were all paid. Wentworth v. Woods Machine Co. 163 Mass. 28. Robinson v. Bird, 158 Mass. 357. Nichols v. Ashton, 155 Mass. 205. Hirschorn v. Canney, 98 Mass. 149. Coggill v. Hartford & New Haven Railroad, 3 Gray, 545. Ex parte Crawcour, 9 Ch. D. 419. Crawcour v. Salter, 18 Ch. D. 30. Benjamin, Sales, (6th ed.) §…
2Cases cited8 opinions
- Crompton v. PrattMassachusetts Supreme Judicial Court · 1870
- Hirschorn v. CanneyMassachusetts Supreme Judicial Court · 1867
- Day v. BassettMassachusetts Supreme Judicial Court · 1869
- Robinson v. BirdMassachusetts Supreme Judicial Court · 1893
- Currier v. KnappMassachusetts Supreme Judicial Court · 1875
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
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- Dame v. C. H. Hanson & Co.Massachusetts Supreme Judicial Court · 1912
- New England Road Machinery Co. v. Quincy Oil Co.Massachusetts Supreme Judicial Court · 1935
- Smith v. Bay State Savings BankMassachusetts Supreme Judicial Court · 1909
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