Legal Opinion

Kiff v. Old Colony & Newport Railway Co.

Massachusetts Supreme Judicial Court

Decided June 23, 1875PublishedCited by 10 opinions

Tort, with a count in contract, against the defendant as a common carrier, for a failure to deliver certain property described in the declaration as spirituous liquors, and alleged to be of the •value of $718. At the trial in the Superior Court, before Bacon, J., the plaintiff offered evidence tending to show that the property was his, was shipped by him, and came into the possession of the defendant as a common carrier, and was so in its possession at Boston in due course…

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Tort, with a count in contract, against the defendant as a common carrier, for a failure to deliver certain property described in the declaration as spirituous liquors, and alleged to be of the •value of $718. At the trial in the Superior Court, before Bacon, J., the plaintiff offered evidence tending to show that the property was his, was shipped by him, and came into the possession of the defendant as a common carrier, and was so in its possession at Boston in due course of transportation to Belfast, 'Maine; that the defendant failed to deliver it to him at Boston on demand. The defendant…

1Opinion of the CourtGray, C. J.

In Ingalls v. Baker, 13 Allen, 449, it was adjudged by this court, upon full consideration of the provisions of the General Statutes and of the previous legislation of the Commonwealth upon the subject now before us, that the Gen. Sts. c. 86, § 28, prohibiting the sale of intoxicating liquors, directly or indirectly, except as authorized in that chapter, and containing no exception of sales by officers under legal process, manifested the intention of the Legislature that intoxicating liquors should not be sold on execution, and therefore such liquors could not be lawfully attached on mesne…

2Cases cited2 opinions

  1. Edwards v. White Line Transit Co.Massachusetts Supreme Judicial Court · 1870
  2. Low v. BlanchardMassachusetts Supreme Judicial Court · 1874

3Cited by10 opinions

  1. Gibbons v. FarwellMichigan Supreme Court · 1886
  2. Dickinson v. First National BankNorth Dakota Supreme Court · 1933
  3. Robinson v. Memphis & C. R.United States Circuit Court · 1883
  4. Lyman v. HolmesSupreme Court of Vermont · 1915
  5. Clifford v. Brockton Transportation Co.Massachusetts Supreme Judicial Court · 1913

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