Legal Opinion

Adams v. O'Connor

Massachusetts Supreme Judicial Court

Decided November 15, 1868PublishedCited by 29 opinions

Tort to recover the value of twenty-five barrels of whiskey. At the trial in the superior court, before Morton, J., the plaintiff introduced evidence tending to show that George M. Fowle & Company received three bills of lading and an invoice of the whiskey from St. Louis, and a draft drawn on them against the whiskey, and that, being unable to pay the draft, they applied to the plaintiff for money to enable them to pay it; that the plaintiff thereupon advanced the amount of…

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Tort to recover the value of twenty-five barrels of whiskey. At the trial in the superior court, before Morton, J., the plaintiff introduced evidence tending to show that George M. Fowle & Company received three bills of lading and an invoice of the whiskey from St. Louis, and a draft drawn on them against the whiskey, and that, being unable to pay the draft, they applied to the plaintiff for money to enable them to pay it; that the plaintiff thereupon advanced the amount of the draft; and Fowle & Company indorsed the bills of lading to him, which the plaintiff took, together with an invoice…

1Opinion of the CourtGray, J.

This is an action of tort, in the nature of trover, for twenty-five barrels of whiskey, of which the plaintiff had received from Fowle & Company bills of lading and an invoice, to secure advances made by him on the property, and, after its arrival in Boston, had taken possession, by going to the railroad station in company with Fowle, exhibiting the bills of lading to the freight agent, and agreeing to pay the freight and storage. Fowle received authority from the plaintiff to sell the whiskey for cash, and agreed, upon such sale, to repay to him the amount of his advances, with interest,…

2Cited by29 opinions

  1. Blackwood v. Cutting Packing Co.California Supreme Court · 1888
  2. Associates Discount Corp. v. GillineauMassachusetts Supreme Judicial Court · 1948
  3. Casey v. GallagherMassachusetts Supreme Judicial Court · 1951
  4. Merchants' National Bank of Cincinnati v. BangsMassachusetts Supreme Judicial Court · 1869
  5. Stollenwerck v. ThacherMassachusetts Supreme Judicial Court · 1874

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