Maine Reports; Cases Argued and Determined in the Supreme Judicial Court of Maine Volume 93

Maine Reports; Cases Argued and Determined in the Supreme Judicial Court of Maine Volume 93

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1900 edition. Excerpt: ... have not come into the possession of the vendee. It permits the vendor to resume possession before the goods sold have come into the vendee's possession, if the latter has become insolvent. Whether they are in the possession of a carrier, strictly so called, while in transit, or whether they are in possession of a "middle-man," is immaterial. 2 Kent's Com. 702. In this case the logs were certainly in transit between the dam at East Outlet and Ware's mill. They were moving down the river. They were kept moving by the agency of the log-driving company. The company broke the jams, cleared the eddies and the banks of logs, took them whereever they became stranded, and drove in the rear. The company having assumed the duty of driving the logs, no one else had the right to interfere with the driving. 8o far as a mass of logs in a river is susceptible of possession, to that extent the log-driving company was in possession of these logs for the purpose of transporting them. And we think that was suflicieut. lt certainly accords with the equitable principles out of which the right of stoppage in transitu has grown. Newhall v. Vargas, 13 Maine, 93. The character of the possession of the log-driving company is only important as it shows that the logs had not come into the possession of the vendee, and were still in transit. But the plaintiff next contends that, so far as this case. is concerned, the transitus ended when the logs were turned "over the dam" at East Outlet, because, he says, that was the ultimate destination of the logs, within the meaning of the contract of purchase; that the defendant's agreement was to deliver the logs there, and that when the logs were so delivered, the transitus...
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Product details

  • Paperback | 212 pages
  • 189 x 246 x 11mm | 386g
  • United States
  • English
  • black & white illustrations
  • 1236869524
  • 9781236869524