Booraem v. Crane
Massachusetts Supreme Judicial Court
Tort for the conversion of some whiskey. At the trial in the superior court, before Wilkinson, J., the plaintiff introduced evidence tending to show that the whiskey was sent by the plaintiff to the defendant for him to examine it, under an agreement that, if it did not prove satisfactory, he would return it, but, if it suited him, be was to pay cash for it, and, until paid for, it should remain the property ol the plaintiff; and that the defendant refused on demand to pay…
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Tort for the conversion of some whiskey. At the trial in the superior court, before Wilkinson, J., the plaintiff introduced evidence tending to show that the whiskey was sent by the plaintiff to the defendant for him to examine it, under an agreement that, if it did not prove satisfactory, he would return it, but, if it suited him, be was to pay cash for it, and, until paid for, it should remain the property ol the plaintiff; and that the defendant refused on demand to pay the price or return the whiskey, and concealed it. The defendant requested the judge to rule that the evidence would not…
1Opinion of the CourtAmes, J.
The property in question was intrusted to the defendant’s hands, in order that he might examine it with a viéw to a purchase. It was not sold to him on credit, and by the terms of the contract was not to become his property until he *523should pay the agreed price. According to the well established rule laid down by this court in Coggill v. Harford & New Haven Railroad Co. 3 Gray, 545, and in many other cases to the same point, the merchandise continued to be the property of the plaintiff. It was property which the law protects against wrongdoers ; and the defendant, in removing it out of the…
2Cited by9 opinions
- Commonwealth v. SmithMassachusetts Supreme Judicial Court · 1880
- F. P. Gluck Co. v. ThermeSupreme Court of Iowa · 1912
- Heinbockle v. ZugbaumMontana Supreme Court · 1885
- Houston v. WaltonColorado Court of Appeals · 1912
- Cogswell v. MittsMichigan Supreme Court · 1892
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