Scudder v. Bradbury
Massachusetts Supreme Judicial Court
Replevin of 115 barrels of flour from a warehouseman. Writ dated December 22, 1868. The answer denied any property oi right of possession, on the part of the plaintiffs, in or to the flour, aid alleged that it was property of the firm of George W. Warren & Company, and was in the possession oí the defendant as their bailee at the time of the replevin.
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Replevin of 115 barrels of flour from a warehouseman. Writ dated December 22, 1868. The answer denied any property oi right of possession, on the part of the plaintiffs, in or to the flour, aid alleged that it was property of the firm of George W. Warren & Company, and was in the possession oí the defendant as their bailee at the time of the replevin. At the trial in the superior court, before Lord, J., the plain • tiffs’ evidence tended to show that on December 11,1868, they agreed with William H. Wallace to sell him the flour, which they owned and were keeping stored in the defendant’s…
1Opinion of the CourtMorton, J.
At the trial, it appeared that the plaintiffs agreed to sell and Wallace agreed to buy the flour in controversy for seven dollars a barrel, nothing being said as to the time of payment. Under this agreement of sale, the plaintiffs gave te *427Wallace an order upon the defendant, who had possession of the flour as warehouseman, to deliver it to him, which order the defendant accepted and thereupon transferred the flour upon his books to the account of Wallace. This order thus acted upon constituted a delivery to Wallace. Upon these facts, which were undisputed, and which constituted all the…
2Cases cited1 opinion
- Preble v. BaldwinMassachusetts Supreme Judicial Court · 1850
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- Barrie v. QuinbyMassachusetts Supreme Judicial Court · 1910
- Casey v. GallagherMassachusetts Supreme Judicial Court · 1951
- Caggiano v. MarchegianoMassachusetts Supreme Judicial Court · 1951
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