Chapman v. Searle
Massachusetts Supreme Judicial Court
This was an action of trover for 300 barrels of beef. The plaintiffs produced in evidence a bill of parcels to R. C. Ludlow, of 300 barrels of beef, signed by Whiting, with a receipt in full for the amount on the bill, dated the 1st of January, 1822 ; also a certificate of the same date, stating that 300 barrels of beef were received by Whiting on storage for Ludlow. The payment was made by a promissory note payable to Whiting or order.
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This was an action of trover for 300 barrels of beef. The plaintiffs produced in evidence a bill of parcels to R. C. Ludlow, of 300 barrels of beef, signed by Whiting, with a receipt in full for the amount on the bill, dated the 1st of January, 1822 ; also a certificate of the same date, stating that 300 barrels of beef were received by Whiting on storage for Ludlow. The payment was made by a promissory note payable to Whiting or order. The plaintiffs produced also one part of an indenture, dated the 30th of June, 1822, by which Ludlow had assigned to the plaintiffs as trustees to his…
1Opinion of the Court
Putnam J.
delivered the opinion of the Court. By the bill of parcels which the plaintiff produces, it appears that Ludlow purchased the goods of Whiting, and Whiting by his certificate acknowledges that he has the same on storage for Ludlow. These papers, unexplained and unimpeached, would leave no question but that the property was in Ludlow, and by his assignment it would pass to the plaintiffs upon the trusts therein contained.
The defendant has offered to prove that the papers do not exhibit the real transaction ; that it was merely a paper arrangernent; that no goods were sold and…
2Cases cited7 opinions
- Russell v. De GrandMassachusetts Supreme Judicial Court · 1818
- Keating v. PriceNew York Supreme Court · 1799
- Barrett v. GoddardU.S. Circuit Court for the District of Massachusetts · 1822
- Jewett v. TorreyMassachusetts Supreme Judicial Court · 1814
- Le Fevre v. Le FevreSupreme Court of Pennsylvania · 1818
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