Legal Opinion

Kershaw v. Wright

Massachusetts Supreme Judicial Court

Decided June 27, 1874PublishedCited by 9 opinions

Contract to recover money alleged to have been paid to the 6rm (f Plankington & Armour in the purchase of hams in the . defendants’ behalf, and for commissions and charges in making such purchase.

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Contract to recover money alleged to have been paid to the 6rm (f Plankington & Armour in the purchase of hams in the . defendants’ behalf, and for commissions and charges in making such purchase. At the trial in the Superior Court, before Putnam, J., the jury returned a verdict for the plaintiffs, and the defendants alleged exceptions in substance as follows : The defendants telegraphed to the plaintiffs, who were brokers in Milwaukee, Wisconsin, to buy of Plankington & Armour two hundred barrels of green hams, rubbed in salt, at a limited price, and ship them to Boston. The plaintiffs…

1Opinion of the CourtDevens, J.

The present action, which was for the price o, provisions bought upon the order of the defendants, by the plaintiffs, as brokers or commission merchants, was defended (the pro* *365visions having arrived in a damaged condition and the defendants having declined to receive them) upon the ground that they were not properly prepared for shipment, and that the plaintiffs had neglected their duty in the course of their employment, especially in this, that they had not themselves examined the goods, or caused them to be examined by an inspector at their expense, and evidence was offered tending to show…

2Cases cited2 opinions

  1. Commonwealth v. DorseyMassachusetts Supreme Judicial Court · 1869
  2. Hobart v. County of PlymouthMassachusetts Supreme Judicial Court · 1868

3Cited by9 opinions

  1. McCreery v. GreenMichigan Supreme Court · 1878
  2. Commonwealth v. PatalanoMassachusetts Supreme Judicial Court · 1925
  3. Buxton v. Somerset Potters' WorksMassachusetts Supreme Judicial Court · 1877
  4. Cecconi v. RoddenMassachusetts Supreme Judicial Court · 1888
  5. Shawnee Gas & Electric Co. v. GriffithSupreme Court of Oklahoma · 1923

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