Keeler v. Goodwin
Massachusetts Supreme Judicial Court
Tobt against Hersey B. Goodwin and Joseph H. Locke, for conversion of 1000 bushels of corn. Writ dated November 7, 1870. At the trial in the Superior Court, before Lord, J., the following facts appeared: On September 29, 1870, Wesley P. Balch bought 1000 bushels of com from the defendants, to be paid for in cash in ten days, and the defendants gave him an order on the warehouse where the com was stored, being then parcel of a larger quantity lying in bulk.
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Tobt against Hersey B. Goodwin and Joseph H. Locke, for conversion of 1000 bushels of corn. Writ dated November 7, 1870. At the trial in the Superior Court, before Lord, J., the following facts appeared: On September 29, 1870, Wesley P. Balch bought 1000 bushels of com from the defendants, to be paid for in cash in ten days, and the defendants gave him an order on the warehouse where the com was stored, being then parcel of a larger quantity lying in bulk. On October 1, Balch indorsed and delivered the order to the plaintiff as security for a lien. The plaintiff did not then know that the com…
1Opinion of the CourtWells, J.
There are two fatal difficulties in the way of recovery by the plaintiff.
1. To maintain an action of traver, in favor of one who has never had possession, there must be proof both of title and right of present possession. Fairbank v. Phelps, 22 Pick. 535. Winship v. Neale, 10 Gray, 382. Landon v. Emmons, 97 Mass. 37.
Here was a contract of sale of 1000 bushels of corn, “ parcel of a larger quantity lying in bulk.” Until separation in some form, no title could pass. Young v. Austin, 6 Pick. 279. Merrill v. Hunnewell, 13 Pick. 213. Scudder v. Worster, 11 Cush. 573. Weld v. Cutler, 2 Gray, 195.…
2Cases cited2 opinions
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- Mohr v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1870
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