Murray v. Stanton
Massachusetts Supreme Judicial Court
Contract on an agreement dated April 30, 1861, and signed by the defendants, reciting that whereas they had bought a bill of clothing, amounting to $2500, from the plaintiff, and in payment therefor had delivered to him “ three mortgage bonds of the Illinois Southern Railroad Company, numbered respectively 48, 49 and 50, for $1000 each, now, in consideration of one dollar to us paid by said Murray, we hereby guarantee to said Murray, or his legal representatives, to deliver…
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Contract on an agreement dated April 30, 1861, and signed by the defendants, reciting that whereas they had bought a bill of clothing, amounting to $2500, from the plaintiff, and in payment therefor had delivered to him “ three mortgage bonds of the Illinois Southern Railroad Company, numbered respectively 48, 49 and 50, for $1000 each, now, in consideration of one dollar to us paid by said Murray, we hereby guarantee to said Murray, or his legal representatives, to deliver to him or them, within six months from the date hereof, two bonds of the said railroad company for $1000 each, and one…
1Opinion of the CourtWells, J.
This action is for breach of contract for an exchange of bonds. The plaintiff was entitled to receive indorsed bonds “ upon the express condition that he shall, upon said delivery, restore to” the defendants other bonds held by him. Upon breach of this contract by the defendants the plaintiff became entitled to recover his damages. By the case stated in the exceptions the bonds held by the plaintiff had become his property in payment for goods. Neither the contract for an exchange, nor the offer and demand of fulfilment, operated to change the title of the respective parties to either set of…
2Cited by33 opinions
- Spiegel v. Beacon Participations, Inc.Massachusetts Supreme Judicial Court · 1937
- Industrial General Trust, Ltd. v. . TodNew York Court of Appeals · 1905
- Piper v. ChildsMassachusetts Supreme Judicial Court · 1935
- Todd v. . GambleNew York Court of Appeals · 1896
- Plumb v. CampbellIllinois Supreme Court · 1888
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