Seymour v. Newton
Massachusetts Supreme Judicial Court
Replevin oí thirty tierces of lard., Writ dated February 23, 1869. Trial in the superior court, before Devens, J., who reported the following case for the determination of this court: On or about February 1, 1869, the plaintiffs, who were merchants in Chicago, doing business under the name of T. H. Seymour & Company, received a letter from Francis W. Fish, a dealer doing business in Worcester under the style of F. W. Fish & Company, requesting them to forward to him thirty…
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Replevin oí thirty tierces of lard., Writ dated February 23, 1869. Trial in the superior court, before Devens, J., who reported the following case for the determination of this court: On or about February 1, 1869, the plaintiffs, who were merchants in Chicago, doing business under the name of T. H. Seymour & Company, received a letter from Francis W. Fish, a dealer doing business in Worcester under the style of F. W. Fish & Company, requesting them to forward to him thirty tierces of lard, and draw on him at three days’ sight for the price. The plaintiffs thereupon bought this lard, paid for…
1Opinion of the CourtChapman, C. J.
The first step of the transaction stated in the report is a letter of Fish, (calling himself F. W. Fish & Company,) dated February 1, 1869, requesting the plaintiffs to forward to him thirty tierces of lard, and draw on him at three days sight. . On February 5 they sent him a bill purporting to be an account of the purchase of the lard by them for his account and risk. The b'U is for the price paid, with charges and commis*275sions. On the same day they drew on him as he had requested, making the bill payable to Lombard, cashier, whose bank discounted the draft. They also gave to Lombard the…
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