Lane v. Jackson
Massachusetts Supreme Judicial Court
This was a replevin of sundry goods claimed by the plaintiffs, and taken and detained by the defendant. The defendant pleaded in bar, that the property of the goods was in Abel W. Atherton and James Dalton. The plaintiffs replied that the property was in themselves, and thereupon issue was joined.
Read the full summary
This was a replevin of sundry goods claimed by the plaintiffs, and taken and detained by the defendant. The defendant pleaded in bar, that the property of the goods was in Abel W. Atherton and James Dalton. The plaintiffs replied that the property was in themselves, and thereupon issue was joined. Upon trial of this issue before the Chief Justice at the last November teon, a verdict was found for the plaintiffs by consent, subject to the opinion of the Court upon a case stated by the parties. It is stated in the case, that Atherton and Dalton, merchants in Boston, in the spring of the year…
1Opinion of the Court
The opinion of the Court was afterwards delivered by
Parsons, C. J.
[After stating the facts agreed in the case.] The plaintiffs claim the property on two grounds — That the consignees, while the goods were in transitu, disagreed to the consignment, to *122which, as they were insolvent, the assent of the consignors must be presumed. And if this ground should fail, that the goods were assigned to Bourne in trust for the consignors bona fide, and for a valuable consideration.
As to the first ground, it is our opinion that an insolvent consignee may, before he receive the goods, disagree to the consign…
2Cases cited5 opinions
- Brooks v. MarburySupreme Court of the United States · 1826
- Marbury v. BrooksSupreme Court of the United States · 1822
- Halsey v. FairbanksU.S. Circuit Court for the District of Massachusetts · 1826
- Phillips v. BridgeMassachusetts Supreme Judicial Court · 1814
- Vinton v. BradfordMassachusetts Supreme Judicial Court · 1816
3Cited by17 opinions
- Phillips v. BridgeMassachusetts Supreme Judicial Court · 1814
- Bank of Mobile v. HugginsSupreme Court of Alabama · 1841
- Vinton v. BradfordMassachusetts Supreme Judicial Court · 1816
- Hollister v. GoodaleSupreme Court of Connecticut · 1831
- Field v. FletcherMassachusetts Supreme Judicial Court · 1906
12 more not listed; retrieve them via the Exa API.