Blanchard v. Ely
Massachusetts Supreme Judicial Court
Petition under Pub. Sts. c. 192, § 24, to enforce a lien under § 32 of the same chapter for boarding and keeping certain horses of the defendant, filed in the District Court of Eastern Hampden, April 14, 1900. Coming by appeal to the Superior Court, the case was tried before Pierce, J. It appeared, that the petitioner lived in Palmer and the respondent in Springfield, and that a demand in writing for the payment of the debt, sufficient under the statute if delivered to the…
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Petition under Pub. Sts. c. 192, § 24, to enforce a lien under § 32 of the same chapter for boarding and keeping certain horses of the defendant, filed in the District Court of Eastern Hampden, April 14, 1900. Coming by appeal to the Superior Court, the case was tried before Pierce, J. It appeared, that the petitioner lived in Palmer and the respondent in Springfield, and that a demand in writing for the payment of the debt, sufficient under the statute if delivered to the respondent, was mailed by the petitioner in Palmer on April 2, 1900, addressed to the respondent in Springfield, and…
1Opinion of the CourtKnowlton, J.
This is a petition under the Pub. Sts. c. 192, § 24, to enforce a lien for keeping certain horses, the property of the respondent. The only question in the case is whether a demand for the payment of the debt was made as required by this section. A demand in writing in proper form was sent by mail to the respondent, and was received by him the next day at his place of residence in Springfield, to which it was addressed.
By the terms of the statute such a demand must be “ delivered to the debtor or left at his usual place of abode, if within this commonwealth.” The respondent contends that this…
2Cases cited1 opinion
- Walters v. BrownCourt of Appeals of Maryland · 1860
3Cited by6 opinions
- Cities Service Oil Co. v. National Shawmut BankMassachusetts Supreme Judicial Court · 1961
- Tobin v. TaintorMassachusetts Supreme Judicial Court · 1918
- Street Lumber Co. v. SullivanMassachusetts Supreme Judicial Court · 1909
- Bailey Lumber Co. v. General Construction Co.West Virginia Supreme Court · 1926
- Doran v. BrittoSupreme Court of Rhode Island · 1932
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