Whitney v. Abbott
Massachusetts Supreme Judicial Court
Tort against an attorney at law for alleged negligence whereby the plaintiff lost a gasoline engine. Writ in the Municipal Court of the City of Boston dated February 18, 1903. On appeal to the Superior Court the case was tried before Stevens, J. The plaintiff testified that there was a conditional sale of the gasoline engine by him to one Libbman as alleged in the declaration ; that it was in writing, being contained in a letter from him to Libbman setting forth the proposed…
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Tort against an attorney at law for alleged negligence whereby the plaintiff lost a gasoline engine. Writ in the Municipal Court of the City of Boston dated February 18, 1903. On appeal to the Superior Court the case was tried before Stevens, J. The plaintiff testified that there was a conditional sale of the gasoline engine by him to one Libbman as alleged in the declaration ; that it was in writing, being contained in a letter from him to Libbman setting forth the proposed terms of the sale of the engine to him and in a letter of Libbman to the plaintiff in reply accepting the terms; that…
1Opinion of the CourtSheldon, J.
The rulings asked for by the defendant were rightly refused, and the instructions given to the jury were correct.
There was evidence that the sale of the gasoline engine made to Libbman by the plaintiff was merely a conditional sale, that Libbman, though he had received and was keeping the engine, had refused to carry out his agreement by paying the cash and giving the notes which had been stipulated for, and that the plaintiff told the defendant he did not want the engine, but the money for it, but instructed the defendant to do nothing to lose the plaintiff’s title to the engine. The…
2Cases cited6 opinions
- Connihan v. ThompsonMassachusetts Supreme Judicial Court · 1873
- Bailey v. HerveyMassachusetts Supreme Judicial Court · 1883
- Miller v. HydeMassachusetts Supreme Judicial Court · 1894
- Gilbert v. WilliamsMassachusetts Supreme Judicial Court · 1811
- Ormsby v. DearbornMassachusetts Supreme Judicial Court · 1874
1 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- McStowe v. BornsteinMassachusetts Supreme Judicial Court · 1979
- Winton Motor Carriage Co. v. Broadway Automobile Co.Washington Supreme Court · 1911
- McLellan v. FullerMassachusetts Supreme Judicial Court · 1917
- Frisch v. WellsMassachusetts Supreme Judicial Court · 1909
- Ratchford v. Cayuga County Cold Storage & Warehouse Co.New York Court of Appeals · 1916
15 more not listed; retrieve them via the Exa API.