Silsby v. Boston and Albany Railroad
Massachusetts Supreme Judicial Court
Replevin of a car load of lumber. At the trial in the Superior Court, without a jury, before Hardy, J., it appeared that just before March 26,1898, the plaintiffs sold the lumber in question, through their selling agent in Boston, to one Paul in that city, payment to be made by a three months’ note, to be sent to the plaintiffs after Paul had received the lumber, and to be dated as of date of invoice and to include a month’s interest; that on March 28 the lumber was shipped,…
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Replevin of a car load of lumber. At the trial in the Superior Court, without a jury, before Hardy, J., it appeared that just before March 26,1898, the plaintiffs sold the lumber in question, through their selling agent in Boston, to one Paul in that city, payment to be made by a three months’ note, to be sent to the plaintiffs after Paul had received the lumber, and to be dated as of date of invoice and to include a month’s interest; that on March 28 the lumber was shipped, by order of the plaintiffs, from North Tonawanda, New York, and consigned to the plaintiffs at Boston ; that on March…
1Opinion of the CourtLathrop, J.
We do not find anything in the facts set forth in the bill of exceptions to take the case out of the general rule that the sale was conditioned on the sending of a note by the buyer to the seller; and that whether there was a waiver of the *160condition was a question of fact. Whitwell v. Vincent, 4 Pick. 449. Hill v. Freeman, 3 Cush. 257. Whitney v. Eaton, 15 Gray, 225. Farlow v. Ellis, 15 Gray, 229. Hirschorn v. Canney, 98 Mass. 149. Adams v. O'Connor, 100 Mass. 515. Nelson v. Dodge, 116 Mass. 367. Armour v. Pecker, 123 Mass. 143. Salomon v. Hathaway, 126 Mass. 452. Brownville Maine Slate Co.…
2Cases cited6 opinions
- Hirschorn v. CanneyMassachusetts Supreme Judicial Court · 1867
- Adams v. O'ConnorMassachusetts Supreme Judicial Court · 1868
- White v. WeatherbeeMassachusetts Supreme Judicial Court · 1879
- Armour v. PeckerMassachusetts Supreme Judicial Court · 1877
- Nelson v. DodgeMassachusetts Supreme Judicial Court · 1874
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Casey v. GallagherMassachusetts Supreme Judicial Court · 1951
- Lasky v. Economy Grocery StoresMassachusetts Supreme Judicial Court · 1946
- Christopher v. DavisCourt of Appeals of Texas · 1926
- Tramonte v. WilensSupreme Court of Connecticut · 1915
- Blair-Baker Horse Co. v. HennesseySupreme Court of Rhode Island · 1914