Porter v. Hills
Massachusetts Supreme Judicial Court
Tort, for the conversion of twelve barrels of flour. At the trial in the Superior Court, before Rockwell, J., it appeared that the defendants were public warehousemen, and kept a storehouse in Boston for the storage of flour; that the plaintiffs had with them upon storage one hundred and fifty barrels of flour; that they drew orders for parts of it; that prior to June 27, 1871, all but twelve barrels of it had been delivered; that June 27, 1871, all storage and charges being…
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Tort, for the conversion of twelve barrels of flour. At the trial in the Superior Court, before Rockwell, J., it appeared that the defendants were public warehousemen, and kept a storehouse in Boston for the storage of flour; that the plaintiffs had with them upon storage one hundred and fifty barrels of flour; that they drew orders for parts of it; that prior to June 27, 1871, all but twelve barrels of it had been delivered; that June 27, 1871, all storage and charges being paid, the plaintiffs sent by a teamster to the defendants the following order: “ June 27, 1871. Messrs. Hills &…
1Opinion of the CourtColt, J.
The defendants as public warehousemen received for storage one hundred and fifty barrels of flour, portions of which were delivered from time to time upon the plaintiffs’ orders, until but twelve barrels remained. The plaintiffs’ title to the property was not questioned; but' the defendants refused to deliver the flour that was left, because the written order for its delivery was for the balance due, and did not state the number of barrels. They demanded that the plaintiffs should specify the number, offering to compare books if there was then found to be a disagreement. The plaintiffs…
2Cases cited2 opinions
- Scudder v. BradburyMassachusetts Supreme Judicial Court · 1871
- Reed v. RichardsonMassachusetts Supreme Judicial Court · 1867
3Cited by5 opinions
- Emery v. Boston Marine InsuranceMassachusetts Supreme Judicial Court · 1885
- Janney v. BoydSupreme Court of Minnesota · 1883
- Pevey v. Schulenburg & Boeckeler Lumber Co.Supreme Court of Minnesota · 1884
- Coyne v. ByrneMassachusetts Supreme Judicial Court · 1914
- Celluloid Manuf'g Co. v. ChandlerU.S. Circuit Court for the District of Massachusetts · 1886