Barrett v. Goddard
U.S. Circuit Court for the District of Massachusetts
At law. This was an action of trover, [by Charles Barrett against Nathaniel Goddard,] to recover flfty-one bales of cotton, alleged to have been converted by the defendant on 27 May, 1822. The cotton was part of an importation of eighty-two bales, numbered from 1 to 82, which the defendant had imported from New Orleans, in February, 1822. In the early part of March, the defendant employed a broker (Mr. Peter Coffin) to sell the cotton for him.
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At law. This was an action of trover, [by Charles Barrett against Nathaniel Goddard,] to recover flfty-one bales of cotton, alleged to have been converted by the defendant on 27 May, 1822. The cotton was part of an importation of eighty-two bales, numbered from 1 to 82, which the defendant had imported from New Orleans, in February, 1822. In the early part of March, the defendant employed a broker (Mr. Peter Coffin) to sell the cotton for him. The broker accordingly sold one half, viz. forty-one bales, consisting of the bales marked with even numbers, to a Mr. Perrin, at the cost and charges,…
1Opinion of the Court
STORY, Circuit Justice.
The right of the defendant to retain the cotton in this case, so as to defeat the action of the plaintiff, has been placed at the argument upon two-grounds. 1. That there was no actual or constructive delivery of the cotton to Bullard, and the defendant retains a lien for the price. 2. That the defendant has a right of stoppage in- transitu, which has been lawfully exercised by the defendant, in consequence of the insolvency of Bullard.
When a contract for the sale of goods is completed by the assent of both parties, the property in the goods is transferred to .the…
2Cited by14 opinions
- Doyle v. DixonMassachusetts Supreme Judicial Court · 1867
- Chicago Title & Trust Co. v. O'MarrMontana Supreme Court · 1901
- Thorndike v. BathMassachusetts Supreme Judicial Court · 1873
- Williams v. GraySupreme Court of Missouri · 1866
- John E. Morrison & Co. v. MurffCourt of Appeals of Texas · 1919
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