Norfolk Hardwood Co. v. New York Central & Hudson River Railroad
Massachusetts Supreme Judicial Court
Replevin for lumber shipped by the plaintiff from Ellisville, Mississippi, to itself as consignee in East Cambridge. Writ in the Superior Court for the county of Suffolk dated October 1, 1908. The case was heard upon agreed facts by Sanderson, J. The facts are stated in the opinion. The judge found for the defendant and assessed damages to the defendant in the amount of the value of the lumber less all charges of the defendant. The plaintiff appealed.
1Opinion of the CourtSheldon, J.
This action has been argued for the plaintiff as if it presented merely a question of the right of stoppage in transitu, but we are of opinion that this is not the case. The plaintiff, although it accepted the order of the Cambridge Lumber Company for the lumber in question, and undertook to forward the lumber accordingly, yet when it came to ship the goods, consigned them to itself and took a bill of lading running to itself. It thus, as between itself and the purchaser, retained the possession and control of the lumber, and retained also its vend- or’s lien for the agreed price. Benjamin on…
2Cases cited10 opinions
- Haskins v. WarrenMassachusetts Supreme Judicial Court · 1874
- Cunningham v. Connecticut Fire InsuranceMassachusetts Supreme Judicial Court · 1909
- Brewer Lumber Co. v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1901
- Jeffris v. Fitchburg RailroadWisconsin Supreme Court · 1896
- Coffin v. Artesian Water Co.Massachusetts Supreme Judicial Court · 1906
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3Cited by3 opinions
- Coleman v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1913
- Wright v. Frank A. Andrews Co.Massachusetts Supreme Judicial Court · 1912
- M. Degaro Co. v. Cleveland, Cincinnati, Chicago & St. Louis Ry. Co.Ohio Supreme Court · 1930