Blanchard v. Low
Massachusetts Supreme Judicial Court
Contract, to recover $660.60 received by the defendant to the plaintiffs’ use. Trial in the Superior Court, without a jury, before Mason, C. J., who allowed a bill of exceptions in substance as follows.
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Contract, to recover $660.60 received by the defendant to the plaintiffs’ use. Trial in the Superior Court, without a jury, before Mason, C. J., who allowed a bill of exceptions in substance as follows. It appeared in evidence that the defendant’s intestate, Benjamin Low, was the owner of a schooner whereof one McKinnon was master; that on or about February 21, 1893, McKinnon, acting for Low, proceeded to Boston with a part of a cargo of herring belonging to Low then on board the schooner, there to sell the herring if he could find a purchaser, or, if he deemed it advisable, to employ a…
1Opinion of the CourtMorton, J.
There was evidence tending to show that the captain had authority from the defendant’s intestate to sell the fish, and that he sold to Potter and Wrightington what fish they might want at half a cent a pound. The fish were in bulk, and the quantity which Potter and Wrightington would take was uncertain, and it was necessary to weigh and separate them from the rest of the cargo. No title to any specific quantity passed therefore at the time of the bargain. Young v. Austin, 6 Pick. 280. Merrill v. Hunnewell, 13 Pick. 213. Scudder v. Worster, 11 Cush. 573. Foster v. Ropes, 111 Mass. 10. The sale…
2Cases cited1 opinion
- Foster v. RopesMassachusetts Supreme Judicial Court · 1872
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