Salomon v. Hathaway
Massachusetts Supreme Judicial Court
Replevin of a quantity of cigars. Answer, a general denial. At the trial in the Superior Court, before Putnam, J., without a jury, the following facts appeared: The plaintiff did business in Hew York, and the defendants were members of a firm doing business in Boston.
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Replevin of a quantity of cigars. Answer, a general denial. At the trial in the Superior Court, before Putnam, J., without a jury, the following facts appeared: The plaintiff did business in Hew York, and the defendants were members of a firm doing business in Boston. The cigars in question were sold to the defendant Hathaway by one Frasier, an agent of the plaintiff; the sale was on condition that the cigars should be sent to the defendants for examination, and if they proved satisfactory the defendants should give a note on four months’ time in settlement of the bill. The goods were…
1Opinion of the CourtGray, C. J.
The defendants’ first request was rightly re-
fused, because it assumed facts of which there was no evidence, and asked for a ruling in matter of law upon what was a question of fact. The judge, before whom the case was tried without a jury, found, as matters of fact, upon evidence which is not shown to have been insufficient in law, that the sale from the plaintiff to the defendants was conditional upon their giving a note on four months for the price, that the defendants, though requested, neglected for three days to give the note, and that the plaintiff had not waived the condition. These…
2Cases cited1 opinion
- Hirschorn v. CanneyMassachusetts Supreme Judicial Court · 1867
3Cited by10 opinions
- Commonwealth v. CrowleyMassachusetts Supreme Judicial Court · 1897
- Southern Pine Co. of Georgia v. Savannah Trust Co.Court of Appeals for the Fifth Circuit · 1905
- C. B. Cottrell & Sons Co. v. Carter, Rice, & Co.Massachusetts Supreme Judicial Court · 1899
- Richardson Drug Co. v. TeasdallNebraska Supreme Court · 1897
- Brownville Maine Slate Co. v. HillMassachusetts Supreme Judicial Court · 1900
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