Harris v. Woodruff
Massachusetts Supreme Judicial Court
Replevin of a mare. Trial in the Superior Court, without a jury, before Bacon, J., who found that the plaintiff was entitled to recover, unless the defendant had a lien upon the mare by reason of her having been placed by her owner in the hands of the defendant to be kept, trained and improved; and also found that she had remained for that purpose in the defendant’s possession, which, if nothing else appeared, would entitle him to a lien.
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Replevin of a mare. Trial in the Superior Court, without a jury, before Bacon, J., who found that the plaintiff was entitled to recover, unless the defendant had a lien upon the mare by reason of her having been placed by her owner in the hands of the defendant to be kept, trained and improved; and also found that she had remained for that purpose in the defendant’s possession, which, if nothing else appeared, would entitle him to a lien. But the judge further found that the mare had been placed in the hands of the defendant to be kept, trained and improved so that she might be used for…
1Opinion of the CourtGray, C. J.
Upon the facts found by'the judge below, the defendant had a lien upon the mare in his possession, for the expense and skill bestowed in improving and training her so as to be in a condition to run at races. Bevan v. Waters, 3 Car. & P. 520; S. C. Mood. & Malk. 235. Scarfe v. Morgan, 4 M. & W. 270, 283. Forth v. Simpson, 13 Q. B. 680. 2 Kent Com. 634, 635. It may well be doubted whether the fact that the mare was, as the defendant knew, to be illegally used to run for bets and wagers, and was so used while in the defendant’s possession, made the contract for training her illegal; and it is…
2Cases cited2 opinions
- Cranson v. GossMassachusetts Supreme Judicial Court · 1871
- Jourdain v. ShermanMassachusetts Supreme Judicial Court · 1850
3Cited by10 opinions
- Flesher v. HandlerMassachusetts Supreme Judicial Court · 1939
- Hubbard v. MulliganColorado Court of Appeals · 1899
- Kelsey v. LayneSupreme Court of Kansas · 1882
- Standard Oil Co. v. MarkhamDistrict Court, S.D. New York · 1945
- Hodgkins v. BowserMassachusetts Supreme Judicial Court · 1907
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