Legal Opinion

Merchants' National Bank of Cincinnati v. Bangs

Massachusetts Supreme Judicial Court

Decided September 15, 1869PublishedCited by 39 opinions

Tort for the conversion of a car load of corn. At the trial in the superior court, before Vbse, J., the plaintiffs, to prove title, put in evidence a sight draft for $451.22, dated at Cincinnati, September 12,1867, drawn on the defendant by David Schwartz & Company of that city, and indorsed by them, and also a bill of lading purporting to be signed by an agent of the White Line Central Transit Company, dated at Cincinnati, September 12, 1867, acknowledging the receipt from…

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Tort for the conversion of a car load of corn. At the trial in the superior court, before Vbse, J., the plaintiffs, to prove title, put in evidence a sight draft for $451.22, dated at Cincinnati, September 12,1867, drawn on the defendant by David Schwartz & Company of that city, and indorsed by them, and also a bill of lading purporting to be signed by an agent of the White Line Central Transit Company, dated at Cincinnati, September 12, 1867, acknowledging the receipt from David Schwartz & Company of one ear of corn in bulk consigned to the defendant at Springfield, “ which they agree to…

1Opinion of the CourtColt, J.

The defendant claims title to the property in dispute, under an order given for four car loads of corn, to David Schwartz & Company of Cincinnati, which the latter undertook to fill. He produces the written correspondence with them, and relies upon the transactions which followed, to prove delivery. Three car loads were sent at intervals of time, according to orders, and the drafts of David Schwartz & Company, drawn against them, were paid by the defendant as they were presented. The car load in question, being the last of the four, arrived in Springfield, and was taken by him upon payment of…

2Cases cited3 opinions

  1. Adams v. O'ConnorMassachusetts Supreme Judicial Court · 1868
  2. Commonwealth v. AdamsCourt of Appeals of Kentucky · 1860
  3. Prince v. Boston & Lowell RailroadMassachusetts Supreme Judicial Court · 1869

3Cited by39 opinions

  1. Cook & Laurie Contracting Co. v. BellSupreme Court of Alabama · 1912
  2. Scharff v. MeyerSupreme Court of Missouri · 1896
  3. Erwin v. HarrisSupreme Court of Georgia · 1891
  4. A. J. Neimeyer Lumber Co. v. Burlington & Missouri River RailroadNebraska Supreme Court · 1898
  5. Dannemiller v. KirkpatrickSupreme Court of Pennsylvania · 1902

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