Upton v. Sturbridge Cotton Mills
Massachusetts Supreme Judicial Court
Tout for the conversion of seventy-eight bales of cotton. At the trial in this court, before Morton, J., the plaintiff testified that he was owner of the cotton, and authorized a broker to sell it for cash; that on ¡November 27 the broker brought him a sale note thereof to Jenkins Brothers & Chipman; that on November 28 the plaintiff sent to his weigher, and to A. C. Lombard, in whose loft the cotton was stored, written directions to weigh and turn out the cotton; “ that,…
Read the full summary
Tout for the conversion of seventy-eight bales of cotton. At the trial in this court, before Morton, J., the plaintiff testified that he was owner of the cotton, and authorized a broker to sell it for cash; that on ¡November 27 the broker brought him a sale note thereof to Jenkins Brothers & Chipman; that on November 28 the plaintiff sent to his weigher, and to A. C. Lombard, in whose loft the cotton was stored, written directions to weigh and turn out the cotton; “ that, although he did not know that the cotton was taken possession of by the purchaser, he supposed it would be, under such an…
1Opinion of the CourtWells, J.
This case turned upon the question whether title passed from the plaintiff to the purchaser by the sale and delivery. Apparently it was not expected to impeach the title of the defendant as a bona fide purchaser from Jenkins Brothers & Chip-man. It would not avail the plaintiff, therefore, to establish a right to rescind his contract of sale for any cause; or to revoke the delivery in order to restore himself to his lien by regaining possession. It was necessary to show that the sale and delivery were conditional, so that no title passed to Jenkins Brothers & Chipman; and consequently none…
2Cases cited1 opinion
- Colby v. CoatesMassachusetts Supreme Judicial Court · 1850
3Cited by18 opinions
- Johnson—Brinkman Commission Co. v. Central BankSupreme Court of Missouri · 1893
- State v. Nelson CountyNorth Dakota Supreme Court · 1890
- West v. PlattMassachusetts Supreme Judicial Court · 1879
- Fishback v. G. W. Van Dusen & Co.Supreme Court of Minnesota · 1885
- Shealy v. EdwardsSupreme Court of Alabama · 1882
13 more not listed; retrieve them via the Exa API.