Clement v. Jones
Massachusetts Supreme Judicial Court
[*60] * This was an action of replevin of thirty-one boxes of sugar, marked, G.'C. 1 to 29, and T. C. 1,2, which the plaintiff claims as his property. The defendants plead property in one Martin Bicker, on which plea an issue was joined ; and on the trial of the same before the Chief Justice, at the last November term, the following facts were admitted or proved by the parties.
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[*60] * This was an action of replevin of thirty-one boxes of sugar, marked, G.'C. 1 to 29, and T. C. 1,2, which the plaintiff claims as his property. The defendants plead property in one Martin Bicker, on which plea an issue was joined ; and on the trial of the same before the Chief Justice, at the last November term, the following facts were admitted or proved by the parties. The plaintiff was an officer on board the merchant ship called the American Hero, of which his brother, Thomas Clement, junior, was part-owner, supercargo, and master, on a voyage from Calcutta to the United States. On…
1Opinion of the CourtParker, C. J.
The issue tried by the jury was, whether the property replevied was in the plaintiff; and the question now before the Court is, whether, on the facts proved, the verdict is right in law, it having been returned in conformity to the direction' of the judge, that the correspondence between the plaintiff and Howland, after the arrival of the latter in New York, amounted to a ratification of the sale made by Hill, Howland, & Co. in St. Salvador.
The bill of lading, with the other evidence stated in the report, sufficiently proves the property to have been in the plaintiff anterior to the sale to…
2Cases cited5 opinions
- Kingman v. PierceMassachusetts Supreme Judicial Court · 1821
- Fisher v. WillardMassachusetts Supreme Judicial Court · 1816
- Boynton v. TurnerMassachusetts Supreme Judicial Court · 1816
- Erick v. JohnsonMassachusetts Supreme Judicial Court · 1810
- Pratt v. PutnamMassachusetts Supreme Judicial Court · 1816