Commercial National Bank v. Bemis
Massachusetts Supreme Judicial Court
Bill in equity, filed March 15,1895, to compel the defendant Bemis to execute and deliver to the plaintiff a “withdrawal entry ” and such other papers as may be required under the laws of the United States to enable the plaintiff to pay the duties upon certain tobacco stored in bond and to withdraw the same from bond. The case was heard in this court before Holmes, J., who reported it for the consideration of the full court. The material facts appear in the opinion.
1Opinion of the CourtHammond, J.
This case was heard by the present Chief Justice of this court, and is before us upon a report made by him. At the hearing he ruled that upon the facts “ the warehouse receipt had no greater effect than the possession of the tobacco would have had; that Bemis was not estopped from asserting his title to the tobacco; and that the plaintiff took no greater title than Bixby and Company had; ” and the question presented by the report is whether these rulings were correct.
The material facts upon which these rulings were made may be stated as follows. At the request and for the accommodation of the…
2Cases cited2 opinions
- Stollenwerck v. ThacherMassachusetts Supreme Judicial Court · 1874
- Commercial Bank v. HurtSupreme Court of Alabama · 1892
3Cited by8 opinions
- Hecht v. Boston Wharf Co.Massachusetts Supreme Judicial Court · 1915
- Munroe v. StanleyMassachusetts Supreme Judicial Court · 1915
- Rogers v. DuttonMassachusetts Supreme Judicial Court · 1902
- Jerome v. Eastern Finance Corp.Massachusetts Supreme Judicial Court · 1944
- Cadwallader v. Clifton R. Shaw, Inc.Supreme Judicial Court of Maine · 1928
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