Whitman v. Boston Terminal Refrigerating Co.
Massachusetts Supreme Judicial Court
Tort or contract, originally by the trustee in bankruptcy of the Mills Tea and Butter Company against the Boston Terminal Refrigerating Company, the first two counts being in tort and the third being in contract, for damages resulting from the alleged wrongful sale by the defendant the Boston Terminal Refrigerating Company of fifteen hundred dozens of eggs and forty-three thousand five hundred and fourteen pounds of butter, pledged to it by the Mills Tea and Butter Company.
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Tort or contract, originally by the trustee in bankruptcy of the Mills Tea and Butter Company against the Boston Terminal Refrigerating Company, the first two counts being in tort and the third being in contract, for damages resulting from the alleged wrongful sale by the defendant the Boston Terminal Refrigerating Company of fifteen hundred dozens of eggs and forty-three thousand five hundred and fourteen pounds of butter, pledged to it by the Mills Tea and Butter Company. Writ dated January 24,1916. After the entry of the action, the plaintiff was permitted to amend by adding as a party…
1Opinion of the CourtBraley, J.
The action is in tort or contract and it is plain
that the first two counts in tort rest on a disaffirmance, while the third count in contract is based on an affirmance of the alleged sale of the butter and eggs, the property in controversy. While it does not appear that at the close of the evidence the plaintiff was required to elect, the presiding judge having given the defendants’ ninth request that the plaintiff “cannot maintain this as an action in assumpsit or otherwise for an accounting and payment over of the proceeds of sale, because he has never affirmed said sale, but has at all…
2Cases cited14 opinions
- Hall v. PaineMassachusetts Supreme Judicial Court · 1916
- Clark v. SimmonsMassachusetts Supreme Judicial Court · 1890
- Bon v. GravesMassachusetts Supreme Judicial Court · 1914
- Hancock v. Franklin InsuranceMassachusetts Supreme Judicial Court · 1873
- Harding v. EldridgeMassachusetts Supreme Judicial Court · 1904
9 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Highland v. DavisWest Virginia Supreme Court · 1937
- Salter v. LeventhalMassachusetts Supreme Judicial Court · 1958
- Turk v. GrossmanCourt of Appeals of Maryland · 1939
- Dana v. Wildey Savings BankMassachusetts Supreme Judicial Court · 1936
- National Shawmut Bank v. HallettMassachusetts Supreme Judicial Court · 1948
14 more not listed; retrieve them via the Exa API.