Odell v. Boston & Maine Railroad
Massachusetts Supreme Judicial Court
Contract against a railroad corporation whose road ran from Exeter in New Hampshire to Boston, to recover the value of forty-four «bales of hay alleged to have been delivered by the plaintiff to the defendants at Exeter for transportation to Boston, and which they failed to deliver to him.
Read the full summary
Contract against a railroad corporation whose road ran from Exeter in New Hampshire to Boston, to recover the value of forty-four «bales of hay alleged to have been delivered by the plaintiff to the defendants at Exeter for transportation to Boston, and which they failed to deliver to him. At the trial in the superior court, before Putnam, J., it appeared that the plaintiff made a contract with John Swasey, at Exeter, for the purchase from Swasey of a lot of hay to be delivered to the plaintiff at the depot of the defendants in Exeter, and for which he was to pay $22 per ton; that the bargain…
1Opinion of the CourtWells, J.
By the contract of purchase the hay was- to be delivered by Swasey, the seller, to the plaintiff, at the depot of the defendant in Exeter. Swasey did deliver the hay sued for, at the place agreed on, directing it to be marked with the plaintiff’s name and transported to him in Boston. As a carrier, it was the business and the duty of the defendant to receive the hay and transport it as directed. Upon receipt of the hay by the defendant, the title became immediately vested in the plaintiff. The provision for weighing, after its arrival in Boston, was merely to determine the amount to be paid…
2Cited by8 opinions
- Alden v. HartMassachusetts Supreme Judicial Court · 1894
- Lake Shore & Michigan Southern Ry. Co. v. National Live Stock BankIllinois Supreme Court · 1899
- Shepherd v. Butcher Tool & Hardware Co.Supreme Court of Alabama · 1916
- State v. HughesWest Virginia Supreme Court · 1883
- Wheelhouse v. ParrMassachusetts Supreme Judicial Court · 1886
3 more not listed; retrieve them via the Exa API.