Freeman v. Nichols
Massachusetts Supreme Judicial Court
Tort for the conversion of certain packages of fish. At the trial in the Superior Court, before Dewey, J., the. evidence tended to show that on December 10,1872, the plaintiffs, doing business in Boston under the firm name of Knowles Freeman and Co., sold to one Hall, of Lowell, a trader, a large number of packages of fish, of which the lot in question was a part, and that the same were sold for cash; that part of the goods were delivered the same day, and the rest in four…
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Tort for the conversion of certain packages of fish. At the trial in the Superior Court, before Dewey, J., the. evidence tended to show that on December 10,1872, the plaintiffs, doing business in Boston under the firm name of Knowles Freeman and Co., sold to one Hall, of Lowell, a trader, a large number of packages of fish, of which the lot in question was a part, and that the same were sold for cash; that part of the goods were delivered the same day, and the rest in four or five days after-wards, at the store of Hall, in Lowell; that Hall, a few days after, sold a portion of the fish, and…
1Opinion of the CourtGray, C. J.
An unconditional delivery of goods sold for cash is a waiver of any condition in the sale, and the seller cannot afterwards assert a title to the goods. Upton v. Sturbridge Cotton Mills, 111 Mass. 446. Goodwin v. Boston & Lowell Railroad, Ib. 487. Haskins v. Warren, 115 Mass. 514. The evidence at the trial tended to prove a sale for cash, and a delivery without condition. The instruction given to the jury implied that some other evidence of waiver was necessary to prevent the maintenance of the action. Exceptions sustained.
2Cases cited2 opinions
- Haskins v. WarrenMassachusetts Supreme Judicial Court · 1874
- Upton v. Sturbridge Cotton MillsMassachusetts Supreme Judicial Court · 1873
3Cited by7 opinions
- Johnson—Brinkman Commission Co. v. Central BankSupreme Court of Missouri · 1893
- Fishback v. G. W. Van Dusen & Co.Supreme Court of Minnesota · 1885
- Oester v. SitlingtonSupreme Court of Missouri · 1893
- Wadhams v. BalfourOregon Supreme Court · 1898
- Thaxter v. FosterMassachusetts Supreme Judicial Court · 1891
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