Moore v. Fargo
Massachusetts Supreme Judicial Court
Contbact on the following receipt: “ Whereas, Lucian B. Moore has this day at my request delivered to me the following property: 4 red cows, 1 yearling, 1 gray horse, 1 bay horse, 1 two-year old colt, 1 set harness, and 10 tons of hay, all of the value of $700, attached by him as the property of Lucy M. Hubbard, on a writ in favor of W. C. Langdon, returnable to the Superior Court fourth Monday of February 1868 : In consideration thereof I promise safely to keep the…
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Contbact on the following receipt: “ Whereas, Lucian B. Moore has this day at my request delivered to me the following property: 4 red cows, 1 yearling, 1 gray horse, 1 bay horse, 1 two-year old colt, 1 set harness, and 10 tons of hay, all of the value of $700, attached by him as the property of Lucy M. Hubbard, on a writ in favor of W. C. Langdon, returnable to the Superior Court fourth Monday of February 1868 : In consideration thereof I promise safely to keep the aforesaid property until the said Moore or his order shall call for the same ; then to deliver it to him or his order at such…
1Opinion of the CourtColt, J.
The plaintiff, as attaching officer in a suit in which Langdon was plaintiff, took the defendant’s accountable receipt for property attached, and relinquished possession of it by Lang-don’s direction. After judgment and execution the receipt was *258delivered to Langdon, who gave it with the execution to another officer for service within the thirty days. Upon this state of facts the plaintiff was released from his personal liability for the attached property. The creditor had chosen to take the receipt as a substitute for the property, and was entitled as equitable assignee to the security which…
2Cases cited1 opinion
- Mason v. BriggsMassachusetts Supreme Judicial Court · 1820
3Cited by4 opinions
- Shepherd v. HallSupreme Judicial Court of Maine · 1885
- Díaz Miró v. GarcíaSupreme Court of Puerto Rico · 1934
- Clark v. GraySupreme Judicial Court of Maine · 1915
- Díaz Miró v. GarcíaSupreme Court of Puerto Rico · 1934