E. & G. Brooke Iron Co. v. O'Brien
Massachusetts Supreme Judicial Court
Two actions of replevin of a quantity of pig-iron. The cases were tried together in the Superior Court, without a jury, before Rockwell, J., who reported them for the determination of this court, in substance as follows: The E. & G. Brooke Iron Company, a corporation established under the laws of Pennsylvania, and located at Birdsboro’ in that State, on May 16, 1881, by bought and sold notes of that date, “ sold to E. P. Cutler and Company, of Boston, Mass.,” six hundred…
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Two actions of replevin of a quantity of pig-iron. The cases were tried together in the Superior Court, without a jury, before Rockwell, J., who reported them for the determination of this court, in substance as follows: The E. & G. Brooke Iron Company, a corporation established under the laws of Pennsylvania, and located at Birdsboro’ in that State, on May 16, 1881, by bought and sold notes of that date, “ sold to E. P. Cutler and Company, of Boston, Mass.,” six hundred tons of pig-iron, “deliverable at Elizabethport, N. J.,” and “ for immediate delivery,” upon the terms of “ purchasers’…
1Opinion of the CourtHolmes, J.
It is by no means clear that the findings that there was a delivery of the iron at Elizabethport, or, if the contract required a delivery in Boston, that there was a delivery there before the attempt of the vendors to stop in transitu, leave anything open to argument. But if the question is still open to the vendors, we think that no other conclusion could have been reached on the facts reported.
The contracts between the E. & G. Brooke Iron Company, the seller, and E. P. Cutler and Company, the buyers, expressly provided that the goods should be delivered at Elizabethport; the identification…
2Cases cited2 opinions
- Mohr v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1870
- Guilford v. SmithSupreme Court of Vermont · 1858
3Cited by2 opinions
- In re New York House Furnishing Goods Co.Court of Appeals for the Second Circuit · 1909
- Norfolk Hardwood Co. v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1909