Prince v. Boston & Lowell Railroad
Massachusetts Supreme Judicial Court
Replevin of 5400 bushels of oats, shipped by the barge St. ffoch from St. Valentine in Canada to Burlington in Vermont, and thence brought by railway to Boston.
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Replevin of 5400 bushels of oats, shipped by the barge St. ffoch from St. Valentine in Canada to Burlington in Vermont, and thence brought by railway to Boston. At the trial in the superior court, before Reed, J., the plaintiffs, who were commission merchants in Boston, claimed title under Charles H. Larocque of St. Valentine, and introduced the testimony of Larocque and others, tending to show that Larocque employed Joseph Bissonette, as his agent, to purchase the oats for him and load them on the barge, which was done; that Larocque made a bargain with Joseph Savageau, whom he believed to…
1Opinion of the CourtColt, J.
The principal contest before the jury, and most of the instructions and rulings of the court, grew out of the respective claims of Larocque and Bissonette to the original ownership of the oats, the present title to which was in controversy.
The plaintiffs claim title under Larocque, by virtue of a consignment to them to cover advances, and a delivery to a common carrier for them. It was conceded that, if Bissonette was the original owner, and shipped the property on his own account, then the title of the plaintiffs must fail.
The jury were unable to agree upon the separate question submitted to…
2Cases cited1 opinion
- Gibson v. StevensSupreme Court of the United States · 1850
3Cited by5 opinions
- Merchants' National Bank of Cincinnati v. BangsMassachusetts Supreme Judicial Court · 1869
- A. J. Neimeyer Lumber Co. v. Burlington & Missouri River RailroadNebraska Supreme Court · 1898
- Alden v. HartMassachusetts Supreme Judicial Court · 1894
- Merchants' Exch. Bank of Milwaukee v. McGrawCourt of Appeals for the Ninth Circuit · 1896
- Raphael v. The John K. ShawDistrict Court, D. Maryland · 1887