Way v. Dennie
This text of 54 N.E. 347 (Way v. Dennie) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
1. The defendant having been employed to take the buggies from Boston to Stoughton, without instructions, had a right to prove that he adopted the most economical method in taking them by road rather than by rail, as one step toward proof of his right to recover what taking them by road was worth. Therefore he was entitled to prove the railroad charge for carrying the buggies, that charge being more than the sum demanded by the defendant.
2. A failure of the defendant to tender the goods at the plaintiff’s residence was not a conversion. Polley v. Lenox Iron Works, 2 Allen, 182, 183, 184.
Exceptions overruled.
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Cite This Page — Counsel Stack
54 N.E. 347, 174 Mass. 43, 1899 Mass. LEXIS 865, Counsel Stack Legal Research, https://law.counselstack.com/opinion/way-v-dennie-mass-1899.