Goodenough v. Thayer
Massachusetts Supreme Judicial Court
Contract against the members of a partnership doing business under the firm name of Thayer & Lincoln. The declaration alleged that the defendants entered into a written contract with the plaintiff, a copy whereof was annexed and is printed in the margin,* for the conveyance of certain live sheep and hogs from Boston to London; that, by the terms of the agreement, the defendants were bound to see that the sheep and hogs were supplied with suitable fittings to perform said…
Read the full summary
Contract against the members of a partnership doing business under the firm name of Thayer & Lincoln. The declaration alleged that the defendants entered into a written contract with the plaintiff, a copy whereof was annexed and is printed in the margin,* for the conveyance of certain live sheep and hogs from Boston to London; that, by the terms of the agreement, the defendants were bound to see that the sheep and hogs were supplied with suitable fittings to perform said voyage and with a sufficient quantity of pure water to support life and to keep the sheep and hogs in good health and…
1Opinion of the CourtEndicott, J.
There can be no question that the bill of lading, under which the plaintiff shipped certain sheep and hogs on board the steamship Atrato, and the special agreement of August 15, 1878, signed by the plaintiff and by the defendants as agents, are to be taken and construed together as one contract. It is true, a blank bill of lading is annexed to the special agreement, and made part thereof, but the written portions of the bill of lading actually signed are immaterial as bearing on the construction of the special agreement; and the principal question to be decided in the case is, whether the…
2Cases cited7 opinions
- Whitney v. WymanSupreme Court of the United States · 1880
- Stackpole v. ArnoldMassachusetts Supreme Judicial Court · 1814
- Tucker Manufacturing Co. v. FairbanksMassachusetts Supreme Judicial Court · 1867
- Carpenter v. FarnsworthMassachusetts Supreme Judicial Court · 1871
- Tippets v. WalkerMassachusetts Supreme Judicial Court · 1808
2 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- J. Aron & Co. v. DannebrogCourt of Appeals for the Second Circuit · 1923
- Porshin v. SniderMassachusetts Supreme Judicial Court · 1965
- Stern v. LiebermanMassachusetts Supreme Judicial Court · 1940
- Cass v. LordMassachusetts Supreme Judicial Court · 1920
- Norfolk County Trust Co. v. GreenMassachusetts Supreme Judicial Court · 1939
10 more not listed; retrieve them via the Exa API.