Legal Opinion

Edmunds v. Merchants' Despatch Transportation Co.

Massachusetts Supreme Judicial Court

Decided July 3, 1883PublishedCited by 33 opinions

Three actions oe tort, with counts in contract, against a common carrier, to recover the value of certain goods entrusted to the defendant by the plaintiffs, at Boston, for carriage to Dayton, Ohio. At the trial in the Superior Court, before Rockwell, J., the jury returned verdicts for the plaintiffs ; and the defendant alleged exceptions. The facts appear in the opinion.

1Opinion of the CourtMorton, C. J.

These three cases were tried together. In some features they resemble the case of Samuel v. Cheney, ante, 278. In other material features they differ from it. They also in some respects differ from each other. In two of the cases, a swindler, representing himself to be Edward Pape of Dayton, Ohio, who is a reputable and responsible merchant, appeared personally in Boston, and bought of the plaintiffs the goods which are the subject of the suits respectively. In those cases, we think it clear, upon principle and authority, that there was a sale, and the property in the goods passed to the…

2Cases cited1 opinion

  1. Dunbar v. Boston & Providence RailroadMassachusetts Supreme Judicial Court · 1872

3Cited by33 opinions

  1. Brighton Packing Co. v. Butchers' Slaughtering & Melting Ass'nMassachusetts Supreme Judicial Court · 1912
  2. Phelps v. . McQuadeNew York Court of Appeals · 1917
  3. Robertson v. ColemanMassachusetts Supreme Judicial Court · 1886
  4. Rodliff v. DallingerMassachusetts Supreme Judicial Court · 1886
  5. Ludwinska v. John Hancock Mutual Life InsuranceSupreme Court of Pennsylvania · 1935

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