Barker v. Brown
Massachusetts Supreme Judicial Court
Replevin of a car-load of shooks. Trial in Superior Court, before Brigham, C. J., who reported the case for the determination of this court, in substance as follows: In March, 1883, the plaintiff bargained with the Shepard and Morse Lumber Company of Boston for a car-load of shooks, of a certain grade and quality. The shooks were sent by the Old Colony Railroad Company. The way-bill consigned the goods to the Shepard and Morse. Lumber Company at Fall River.
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Replevin of a car-load of shooks. Trial in Superior Court, before Brigham, C. J., who reported the case for the determination of this court, in substance as follows: In March, 1883, the plaintiff bargained with the Shepard and Morse Lumber Company of Boston for a car-load of shooks, of a certain grade and quality. The shooks were sent by the Old Colony Railroad Company. The way-bill consigned the goods to the Shepard and Morse. Lumber Company at Fall River. They sent to the plaintiff a bill of the shooks, and an order to the Old Colony Railroad Company to deliver the goods to the plaintiff,…
1Opinion of the CourtDevens, J.
The goods which the railroad company transported were, by the way-bill, consigned to the owner, the Shepard and Morse Lumber Company, and an order was sent to the railroad company to deliver the goods to the plaintiff, who transmitted the same to the railroad company with the order that the freight should be charged to him, and a direction where the car containing the goods should be sent. The plaintiff was thus the indorsee of the way-bill of the goods. He subsequently refused to take them, on the ground that they were not of the quality bargained for.
When a reasonable time had elapsed, it…
2Cases cited8 opinions
- Fisk v. NewtonCourt for the Trial of Impeachments and Correction of Errors · 1845
- Miller v. MansfieldMassachusetts Supreme Judicial Court · 1873
- Storms v. SmithMassachusetts Supreme Judicial Court · 1884
- Rice v. HartMassachusetts Supreme Judicial Court · 1875
- New Haven & Northampton Co. v. CampbellMassachusetts Supreme Judicial Court · 1880
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Schumacher v. Chicago & Northwestern Railway Co.Illinois Supreme Court · 1904
- Dixon v. Central of Georgia Railway Co.Supreme Court of Georgia · 1900
- Darlington v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1902
- New Orleans & Northeastern Railroad v. GeorgeMississippi Supreme Court · 1903
- Boas v. De Pue Warehouse Co.California Court of Appeal · 1924
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