Harlow v. Hall
Massachusetts Supreme Judicial Court
Replevin of three pianos. Trial in the Superior Court, without a jury, before Gardner, J., who found for the defendant ; and the plaintiff alleged exceptions. The facts appear in the opinion.
1Opinion of the CourtEndicott, J.
The case finds that William H. Ivers sold the pianos to the plaintiff, and gave to him a bill of parcels; and that the plaintiff thereupon gave a' lease of the pianos to Ivers. There was no delivery of the pianos to the plaintiff, except such as might be implied from the execution and delivery of the papers, and Ivers retained possession of the pianos as before the purchase. As between the plaintiff and Ivers, the title to the pianos passed without delivery; but as against a subsequent purchaser from Ivers in good faith, it did not pass, for there was no actual or constructive delivery of the…
2Cases cited2 opinions
- Dempsey v. GardnerMassachusetts Supreme Judicial Court · 1879
- White v. South Shore RailroadMassachusetts Supreme Judicial Court · 1850
3Cited by3 opinions
- Hallgarten v. OldhamMassachusetts Supreme Judicial Court · 1883
- Haskell v. MerrillMassachusetts Supreme Judicial Court · 1901
- Carroll v. HaskinsMassachusetts Supreme Judicial Court · 1912