Legal Opinion

Jarvis v. Rogers

Massachusetts Supreme Judicial Court

Decided March 15, 1816PublishedCited by 17 opinions

Trover for sundry certificates of shares in the stock of The New England Mississippi Land Company. The cause was tried before the Chief Justice, upon the general issue, at the last November term in this county ; * when it was proved, that Leonard Jarvis, the plaintiff’s intestate, was one of the purchasers of a tract of eleven millions of acres of land in the State of Georgia, who operated together under the aforesaid name, and agreed to issue certificates of shares in their…

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Trover for sundry certificates of shares in the stock of The New England Mississippi Land Company. The cause was tried before the Chief Justice, upon the general issue, at the last November term in this county ; * when it was proved, that Leonard Jarvis, the plaintiff’s intestate, was one of the purchasers of a tract of eleven millions of acres of land in the State of Georgia, who operated together under the aforesaid name, and agreed to issue certificates of shares in their stock, which should be transferable by indorsement ol the name of the person to whom they issued on the back-thereof.…

1Opinion of the Court

No argument was had ; and the opinion of the Court was delivered by

Parker, C. J.

This case is distinguishable from the common cases of agents, factors, and commission merchants, to whom property has been intrusted for special purposes, and who have no right to exceed that authority. We do not question any of those cases, nor those which have decided that he, to whom property has been pledged, cannot transfer a title in such property to another.

We proceed upon the ground, that the plaintiff’s intestate had, by bis own act, together with the other members of the Mississippi Company, given a…

2Cited by17 opinions

  1. McNeil v. . the Tenth National BankNew York Court of Appeals · 1871
  2. Scollans v. RollinsMassachusetts Supreme Judicial Court · 1901
  3. Baker v. DavieMassachusetts Supreme Judicial Court · 1912
  4. Talty v. Freedman's Savings & Trust Co.Supreme Court of the United States · 1876
  5. Scollans v. E. H. Rollins & SonsMassachusetts Supreme Judicial Court · 1899

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