B. H. Spinney Co. v. Western Massachusetts Finance Co.

The plaintiff, the prevailing party in this action of replevin, is engaged in the wholesale distribution of Norge refrigerators and ranges, having a place of business in Albany, N. Y. The defendant, a finance company located in Pittsfield, Mass., has advanced money upon certain merchandise shipped by the plaintiff to one of its customers in Pittsfield named Dracup, which merchandise is the subject of this action.

There was evidence for the plaintiff that in the early part of 1937 its representative entered into an oral agreement with Dracup in behalf of the plaintiff under which Dracup became…