Coggill v. Hartford & New Haven Railroad
Massachusetts Supreme Judicial Court
Replevin of fifteen bags of wool. At the trial in the court oí common pleas, the plaintiffs proved that they, through a bioltei in New York, on the 6th of March 1851, sold the wool to Earle & Thayer, woollen manufacturers at South Hadley in Hampshire county; that the terms of sale were the note of Earle & Thayer payable in six months; that, on the 13th of March, the wool was delivered to the Western Railroad Corporation, directed to Earle & Thayer at Springfield, and duly…
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Replevin of fifteen bags of wool. At the trial in the court oí common pleas, the plaintiffs proved that they, through a bioltei in New York, on the 6th of March 1851, sold the wool to Earle & Thayer, woollen manufacturers at South Hadley in Hampshire county; that the terms of sale were the note of Earle & Thayer payable in six months; that, on the 13th of March, the wool was delivered to the Western Railroad Corporation, directed to Earle & Thayer at Springfield, and duly arrived at Springfield on the 14th; that Earle & Thayer failed and stopped business, without having given any note for the…
1Opinion of the CourtBigelow, J.
It has long been the settled rule of law in this commonwealth, that a sale and delivery of goods, on condition that the property is not to vest until the purchase money is paid or secured, does not pass the title to the vendee, and that *547the vendor, in case the condition is not fulfilled, has a right to repossess himself of the goods, both against the vendee, and against his creditors, claiming to hold them under attachments. Hussey v. Thornton, 4 Mass. 405. Marston v. Baldwin, 17 Mass. 606. Barrett v. Pritchard, 2 Pick. 512. Whitwell v. Vincent, 4 Pick. 449. Hill v. Freeman, 3 Cush. 257.
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2Cases cited4 opinions
- Hussey v. ThorntonMassachusetts Supreme Judicial Court · 1808
- Commonwealth v. AdamsCourt of Appeals of Kentucky · 1860
- Copland v. BosquetU.S. Circuit Court for the District of Eastern Pennsylvania · 1826
- Herring v. WillardThe Superior Court of New York City · 1849