Ingalls v. Herrick
Massachusetts Supreme Judicial Court
Tort against the sheriff of Essex for the conversion of twenty-one bales of flocks of wool, attached on December 17, 1868, by a deputy of the defendant, as property of William H. Lougee, in a suit against Lougee by one of his creditors.
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Tort against the sheriff of Essex for the conversion of twenty-one bales of flocks of wool, attached on December 17, 1868, by a deputy of the defendant, as property of William H. Lougee, in a suit against Lougee by one of his creditors. At the trial in the superior court, before Lord, J., the plaintiff introduced evidence which tended to show that on December 16, 1868, he bargained with Louis H. Bosworth, Lougee’s duly authorized agent, for a purchase of the flocks at an agreed price; that he bought them to sell again ; that the bales were numbered ind marked, weighed 7818 pounds, were of…
1Opinion of the CourtColt, J.
It was ruled as matter of law, in this case, that the jury would not be authorized upon this evidence to find a delivery of the baled flocks, sufficient to pass a title valid as against creditors of the seller.
There was evidence tending to show that the bargain for the sale was made with one Bosworth, an agent of the seller. A receipted bill of parcels, signed by the seller himself, which contained a description of the bales by number, mark and weight, was afterwards delivered by the agent to the plaintiff. The sub■iecfrmatter of the sale was all the baled flocks then stored in the seller’s…
2Cases cited1 opinion
- Brooks v. PowersMassachusetts Supreme Judicial Court · 1818
3Cited by12 opinions
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- Dysart Savings Bank v. WeinsteinSupreme Court of Iowa · 1911
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