Hunter v. Wright
Massachusetts Supreme Judicial Court
Tort for the conversion of tobacco. The defendant justified under an attachment made by him as a deputy sheriff, on a writ igainst Robert Ingraham. At the trial in the superior court, before Ames, J., it appeared "hat Ingraham raised the tobacco in 1864 on his farm in Hadley, and on the 1st of December in that year purchased of the plaintiff certain land, taking a deed running to his wife, and paying two hundred dollars in money and the tobacco in controversy.
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Tort for the conversion of tobacco. The defendant justified under an attachment made by him as a deputy sheriff, on a writ igainst Robert Ingraham. At the trial in the superior court, before Ames, J., it appeared "hat Ingraham raised the tobacco in 1864 on his farm in Hadley, and on the 1st of December in that year purchased of the plaintiff certain land, taking a deed running to his wife, and paying two hundred dollars in money and the tobacco in controversy. The tobacco had not then been stripped and got ready for boxing ; and the plaintiff had seen it, as it was hanging to dry. There was a…
1Opinion of the CourtChapman, J.
The question presented by the bill of exceptions is whether the plaintiff had obtained a delivery of the tobacco to himself previous to the attachment. He had agreed to purchase it; had paid for it; and had looked at it as it was hanging to dry. But it had not all been stripped and got ready for boxing when he saw it, and, as there was something remaining to be done by Ingraham, the vendor, there was no delivery by Ingraham to the plaintiff directly. But he directed Ingraham to have it boxed and deposited with Fuller & Tucker at Northampton, who were warehousemen. This was done, and the boxes…
2Cases cited4 opinions
- Whitney v. LyndeSupreme Court of Vermont · 1844
- Barney v. BrownSupreme Court of Vermont · 1829
- Pierce v. ChipmanSupreme Court of Vermont · 1836
- Judd v. LangdonSupreme Court of Vermont · 1833