Brewer Lumber Co. v. Boston & Albany Railroad
Massachusetts Supreme Judicial Court
Replevin for a car load of lumber sold by the plaintiff to one George A. Paul and claimed by right of stoppage in transitu, the action being defended by the trustee in bankruptcy of Paul. Writ dated August 30, 1898. In the Superior Court the case was tried without a jury before Richardson, J., who found for the plaintiff, and, with the assent of both parties, reported the case for the determination of this court.
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Replevin for a car load of lumber sold by the plaintiff to one George A. Paul and claimed by right of stoppage in transitu, the action being defended by the trustee in bankruptcy of Paul. Writ dated August 30, 1898. In the Superior Court the case was tried without a jury before Richardson, J., who found for the plaintiff, and, with the assent of both parties, reported the case for the determination of this court. The terms of the reservation, as well / as all the material facts and rulings, are stated in the opinion ■of the court.
1Opinion of the CourtLathrop, J.
This case comes before us in a somewhat unsatisfactory manner. It is a-report of a justice of the Superior *229Court, before whom the case was tried without a jury. The report sets forth certain facts, certain evidence and requests for rulings by both parties, which were passed upon, and a general finding for the plaintiff, without any findings of specific facts. The report concludes as follows: “ Upon the foregoing evidence the court found for the plaintiff, and now, with the assent of both parties, reports the case for the determination of the Supreme Judicial Court, both parties agreeing that…
2Cases cited7 opinions
- Davis v. ParsonsMassachusetts Supreme Judicial Court · 1893
- Mohr v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1870
- Jeffris v. Fitchburg RailroadWisconsin Supreme Court · 1896
- Seymour v. NewtonMassachusetts Supreme Judicial Court · 1870
- Durgy Cement & Umber Co. v. O'BrienMassachusetts Supreme Judicial Court · 1877
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- American Malting Co. v. Souther Brewing Co.Massachusetts Supreme Judicial Court · 1907
- Coleman v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1913
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- Dow v. PooreMassachusetts Supreme Judicial Court · 1930
- Pester Refining Co. v. Mapco Gas Products, Inc. (In re Pester Refining Co.)Court of Appeals for the Eighth Circuit · 1988
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