Legal Opinion

Kline v. Baker

Massachusetts Supreme Judicial Court

Decided March 15, 1868PublishedCited by 50 opinions

1Opinion of the CourtGray, J.

This action of replevin is brought by the seller of intoxicating liquors against a deputy sheriff attaching the same as the property of the purchaser. The plaintiff contends that the sales were induced by fraud of the purchaser and therefore passed no title to him ; and the burden of proving this proposition is upon the plaintiff.

The seller resided in Pennsylvania, and the purchaser in Illinois. The goods were sold in two lots, one in June and the other in August 1865, upon distinct orders sent by the purchaser to the seller. Although the first order was in accordance with terms of sale…

2Cases cited8 opinions

  1. Ennis v. SmithSupreme Court of the United States · 1853
  2. Church v. HubbartSupreme Court of the United States · 1804
  3. Nichols v. . MichaelNew York Court of Appeals · 1861
  4. Nichols v. . PinnerNew York Court of Appeals · 1858
  5. Hall v. . NaylorNew York Court of Appeals · 1859

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3Cited by50 opinions

  1. Milliken v. PrattMassachusetts Supreme Judicial Court · 1878
  2. Union Central Life Ins. v. PollardSupreme Court of Virginia · 1896
  3. Suit v. WoodhallMassachusetts Supreme Judicial Court · 1873
  4. McCusker v. GeigerMassachusetts Supreme Judicial Court · 1907
  5. A. J. Neimeyer Lumber Co. v. Burlington & Missouri River RailroadNebraska Supreme Court · 1898

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