Rogers v. Whitehouse
Supreme Judicial Court of Maine
ON EXCEPTIONS. Replevin for certain goods claimed to have been delivered May 4, 1877, by the plaintiffs, liogcrs & Co. to Pope & Sibley, the assignors of the defendant, under the following agreement printed on the bill-head : " Goods sold for cash, only conditionally delivered until paid for.” The assignment to defendant was for the benefit of creditors, and dated June 8, 1877. Writ was dated June 11, 1877. The verdict was for defendant.
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ON EXCEPTIONS. Replevin for certain goods claimed to have been delivered May 4, 1877, by the plaintiffs, liogcrs & Co. to Pope & Sibley, the assignors of the defendant, under the following agreement printed on the bill-head : " Goods sold for cash, only conditionally delivered until paid for.” The assignment to defendant was for the benefit of creditors, and dated June 8, 1877. Writ was dated June 11, 1877. The verdict was for defendant. The plaintiffs alleged exceptions to the instructions of the presiding judge, which are sufficiently stated in the opinion. cited: Whitney v. Baton, 15 Gray,…
1Opinion of the CourtBarrow's, J.
The plaintiffs claim that the crate of crockery wrare, the unsold remainder of which they here replevy from the assignee of their vendees was only conditionally sold by them to Pope & Sibley, the defendant’s assignors — that there was an understanding between their selling agent and Pope & Sibley, that though the goods wrere delivered to go into Pope & Sibley’s store, and be disposed of by them in the ordinary course of retail trade, the property in them was not to pass until they were paid for. The making of any such arrangement was denied and the testimony is contradictory. If it were…
2Cited by13 opinions
- Clarke Bros. v. McNattSupreme Court of Georgia · 1909
- Jones v. Commercial Investment TrustUtah Supreme Court · 1924
- Colonial Finance Co., Inc. v. DebenignoSupreme Court of Connecticut · 1939
- Peninsular Stove Co. v. EllisIndiana Court of Appeals · 1898
- S. Hirsch & Co. v. SteeleUtah Supreme Court · 1894
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