Legal Opinion

Whitney v. Beckford

Massachusetts Supreme Judicial Court

Decided October 15, 1870PublishedCited by 11 opinions

Tort against Cyrus H. Beckford and Hannibal Dodge, partners under the name of Beckford & Dodge, for the conversion of a car load of middlings.

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Tort against Cyrus H. Beckford and Hannibal Dodge, partners under the name of Beckford & Dodge, for the conversion of a car load of middlings. At the trial in the superior court, before Dewey, J., it appeared that the plaintiff, a dealer in flour and grain at Westborough, having ordered of Rice Brothers, produce commission merchants at Milwaukee, a car load of middlings, Rice Brothers shipped the middlings at Milwaukee on November 20, 1868, by the Chicago and Northwestern Railroad, taking therefor a bill of lading bearing that date, signed by the railroad company, and stating that the…

1Opinion of the CourtColt, J.

If the controversy in this case were between two parties claiming the same personal property as purchasers from a former owner, its determination might depend upon ascertaining which first obtained actual or constructive possession of the goods by delivery from the seller, and the points made by the defendants would then require consideration. Merchants’ National Bank v. Bangs, 102 Mass. 291.

The facts reported show that the relation of buyer and seller did not exist in the transaction between the plaintiff and the firm of Rice Brothers in Milwaukee. They were his agents to purchase, and…

2Cases cited2 opinions

  1. Merchants' National Bank of Cincinnati v. BangsMassachusetts Supreme Judicial Court · 1869
  2. Adams v. O'ConnorMassachusetts Supreme Judicial Court · 1868

3Cited by11 opinions

  1. Stollenwerck v. ThacherMassachusetts Supreme Judicial Court · 1874
  2. Blabon v. HayMassachusetts Supreme Judicial Court · 1929
  3. Lovejoy v. Merchants' State BankNorth Dakota Supreme Court · 1896
  4. Bird v. Georgia RailroadSupreme Court of Georgia · 1884
  5. Bates v. WeirAppellate Division of the Supreme Court of the State of New York · 1907

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