Cowing v. Snow
Cases that cite this one
4 later published cases cite this decision.
- Huntington v. Fisher (Iowa 1869)
- Wilson v. Martin (N.H. 1860)
- Soule v. White (Me. 1837)
- Srodes v. Caven (Pa. 1834)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
It is very clear that Barstow, the master of the vessel,
had a lien upon the barrel of flour for the freight and for the balance of its price due to him; and admitting the general property to have been in Cowing, he could not legally * take it out of the hands of Barstow until he had paid [ * 417 ] or tendered the sum due. The act of taking, therefore, was a trespass, for which Cowing was liable in damages. The only question is, to whom was he liable ? And upon this question we are inclined to think, as it was delivered into the special custody of Snow, with directions not to deliver it until the freight, &c., was paid, he had such a special property as would entitle him to the action. The tender after action commenced cannot affect this question,
Judgment affirmed
Lane vs. Penniman & Tr. 4 Mass. Rep. 91.— Portland Bank vs. Stubbs & Al. 6 Mass. Rep. 427. — Lewis vs. Hancock & Al. ante, 72.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.