Independent Lock Co. v. Acme Fast Freight, Inc.

This is an action of tort for the conversion of two shipments of locks alleged to have been misdelivered by the defendant. The question for decision is whether the judge erred in directing a verdict for the defendant.

A summary of the relevant evidence is as follows: The plaintiff is a lock manufacturer in Fitchburg. On two occasions in May, 1947 (May 7 and May 21), it delivered packages of locks to the Athol Motor Air Express, Inc., hereinafter called Athol, at Fitchburg. At the time of these deliveries Athol issued to the plaintiff uniform order bills of lading under which the merchandise…