Bailey v. Hervey
Massachusetts Supreme Judicial Court
Tort, .against William H. Hervey and Charles H. Pray, co-partners doing business under the firm name of William H. Hervey & Company, for the conversion of certain personal property.
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Tort, .against William H. Hervey and Charles H. Pray, co-partners doing business under the firm name of William H. Hervey & Company, for the conversion of certain personal property. The case was submitted to the Superior Court, and, after judgment for the defendants, to this court, on appeal, upon an agreed statement of facts, in substance as follows : On or about May 25, 1877, the plaintiff and the defendant Hervey, who was then doing business under the name of W. H. Hervey & Company, entered into a written contract, altered, added to and re-executed on September 10, 1878, which recited that…
1Opinion of the CourtC. Allen, J.
By the terms of the written agreement, the plaintiff was bound at all events to pay to the defendants the full amount at which the goods were valued, and upon such payment the title was to vest in him. This payment, therefore, constitutes the agreed price of the goods, and it is a misnomer to call it rent. The defendants would have no right to exact payment in full of the money, and also to reclaim the goods. When the plaintiff discontinued his payments on account, what was the legal position of the defendants ? If it be assumed that they might, at their option, either reclaim the goods as…
2Cases cited1 opinion
- Heryford v. DavisSupreme Court of the United States · 1880
3Cited by39 opinions
- Parke & Lacy Co. v. White River Lumber Co.California Supreme Court · 1894
- Smith v. BarberIndiana Supreme Court · 1899
- Winton Motor Carriage Co. v. Broadway Automobile Co.Washington Supreme Court · 1911
- Frisch v. WellsMassachusetts Supreme Judicial Court · 1909
- Crompton v. BeachSupreme Court of Connecticut · 1892
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