Robinson v. Besarick
Massachusetts Supreme Judicial Court
Replevin of a desk. At the hearing in the Superior Court, before Barker, J., there was evidence tending to show that the plaintiffs sold the desk to one Gilman on a written conditional lease dated June 3, 1889, the title to remain in the plaintiffs until the desk was paid for by instalments; that on November 23, 1889, after the desk had been less than half paid for, it was attached by a constable on a writ in favor of one Way against Gilman, which writ was duly returned into…
Read the full summary
Replevin of a desk. At the hearing in the Superior Court, before Barker, J., there was evidence tending to show that the plaintiffs sold the desk to one Gilman on a written conditional lease dated June 3, 1889, the title to remain in the plaintiffs until the desk was paid for by instalments; that on November 23, 1889, after the desk had been less than half paid for, it was attached by a constable on a writ in favor of one Way against Gilman, which writ was duly returned into court, and judgment for the plaintiffs rendered thereon ; that, when the attachment was made, the desk was in a…
1Opinion of the CourtKnowlton, J.
The bill of exceptions does not very clearly show the relation of the defendant to the desk replevied. He was a warehouseman, and the attaching officer removed the desk to his warehouse for safe keeping, “and the defendant not being personally at the warehouse, the constable deputized the defendant’s employee, who was present, as his keeper, and received from said person a warehouseman’s receipt for the desk.” We understand that the receipt was given in the defendant’s name. The defendant afterwards exercised dominion over the desk by instructing his servant, who was in charge of the…
2Cases cited13 opinions
- Commonwealth v. MorseMassachusetts Supreme Judicial Court · 1817
- Edmunds v. HillMassachusetts Supreme Judicial Court · 1882
- Learned v. BryantMassachusetts Supreme Judicial Court · 1816
- Ludden v. LeavitiMassachusetts Supreme Judicial Court · 1812
- Bond v. PadelfordMassachusetts Supreme Judicial Court · 1816
8 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Long v. GeorgeMassachusetts Supreme Judicial Court · 1935
- Briggs v. McDonaldMassachusetts Supreme Judicial Court · 1896
- Guttentag v. HuntleyMassachusetts Supreme Judicial Court · 1923
- Robinson v. WayMassachusetts Supreme Judicial Court · 1895