Mohr v. Boston & Albany Railroad
Massachusetts Supreme Judicial Court
Replevin of fifty barrels of whiskey by plaintiffs doing business in Cincinnati under the name of Mohr, Solomon & Mohr. Trial in the superior court, before Rockwell, J., who allowed a bill of exceptions of which the material parts were as follows : “ The plaintiffs, being the owners of a let of 250 barrels of whiskey, then stored in a United States government warehouse connected with the distillery of McGregor & Company in Terre Haute, Indiana, and insured by McGregor &…
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Replevin of fifty barrels of whiskey by plaintiffs doing business in Cincinnati under the name of Mohr, Solomon & Mohr. Trial in the superior court, before Rockwell, J., who allowed a bill of exceptions of which the material parts were as follows : “ The plaintiffs, being the owners of a let of 250 barrels of whiskey, then stored in a United States government warehouse connected with the distillery of McGregor & Company in Terre Haute, Indiana, and insured by McGregor & Company in the name of the plaintiffs, about October 1, 1868, sold the whiskey, through their agent in Boston, to Edward…
1Opinion of the Court
Morton, J.*
This is an action of replevin to recover fifty barrels of whiskey in the hands of the defendants as common carriers. The plaintiffs’ right to maintain the action depends upon the question whether they had the right to stop the goods in transitu, as between them and Dewey, the vendee and consignee of the goods. The rule is generally stated to be that the vendor’s right of stoppage in transitu continues until the goods have reached their ultimate destination and come into the actual possession of the vendee. Stubbs v. Lund, 7 Mass. 453. Stanton v. Eager, 16 Pick. 467. Arnold v.…
2Cited by14 opinions
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