M. J. Picketing v. Weld
Massachusetts Supreme Judicial Court
Contract to recover a balance of freight money alleged to be due, under a charter-party, upon a cargo of hemp. The defendants sought to withhold from such balance, by way of recoupment, the value of a certain quantity of hemp not received by them. At the trial in the Superior Court, before Dunbar, J., the jury returned a verdict for the plaintiffs; and the defendants alleged exceptions, which appear in the opinion.
1Opinion of the CourtAllen, J.
The defendants’ first exception was to the admission of the evidence of the custom. They contend that the custom, if it existed, was an illegal custom, because it was in violation of the rules of law. The presiding justice ruled substantially in accordance with the contention of the defendants upon the question as to what facts would in law constitute a constructive delivery of the hemp, and instructed the jury that, if only a constructive delivery had been shown, the duty would *524still rest upon the plaintiffs to exercise ordinary care and diligence in preserving the property and keeping it…
2Cases cited6 opinions
- Robinson v. United StatesSupreme Court of the United States · 1872
- Hostetter v. ParkSupreme Court of the United States · 1890
- Haskins v. WarrenMassachusetts Supreme Judicial Court · 1874
- Richardson v. GoddardSupreme Court of the United States · 1860
- Miller v. MansfieldMassachusetts Supreme Judicial Court · 1873
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Wolfe v. Texas Co.Court of Appeals for the Tenth Circuit · 1936
- In Re Northern Indiana Oil Co. Moore v. FletcherCourt of Appeals for the Seventh Circuit · 1951
- Shute v. BillsMassachusetts Supreme Judicial Court · 1906
- Hutchins v. WebsterMassachusetts Supreme Judicial Court · 1896
- Brunelle v. Lowell Electric Light Corp.Massachusetts Supreme Judicial Court · 1907