Legal Opinion

Wright v. Dawson

Massachusetts Supreme Judicial Court

Decided October 1, 1888PublishedCited by 8 opinions

Contract upon a receipt, signed by the defendant, for certain personal property attached by the plaintiff, a deputy sheriff. Trial in the Superior Court, without a jury, before Blodgett, J., who found the following facts. On April 14,1880, the plaintiff attached on a writ against one Parsons, in an action of contract, the personal property described in the receipt.

Read the full summary

Contract upon a receipt, signed by the defendant, for certain personal property attached by the plaintiff, a deputy sheriff. Trial in the Superior Court, without a jury, before Blodgett, J., who found the following facts. On April 14,1880, the plaintiff attached on a writ against one Parsons, in an action of contract, the personal property described in the receipt. On April 16, 1880, the plaintiff took from the defendant the receipt by which the defendant agreed to keep the property safely, and redeliver it on demand, or, if no demand, to redeliver it within thirty days of the. rendering of…

1Opinion of the CourtMoetoh, C. J.

This is an action upon a receipt given by the defendant to the plaintiff, who, as a deputy sheriff, had attached certain personal property owned by one Parsons on a writ against him. By the receipt, the defendant undertakes to keep the property safely, and to redeliver it to the plaintiff on demand, and, if no demand, to redeliver it within thirty days of the rendering of judgment in the suit against Parsons, so that the same may be taken on execution.

It is settled that under such a receipt the receiptor is not under an absolute liability to redeliver the property; but it may be stated as a…

2Cases cited1 opinion

  1. Learned v. BryantMassachusetts Supreme Judicial Court · 1816

3Cited by8 opinions

  1. Wright v. MorleyMassachusetts Supreme Judicial Court · 1890
  2. Hopwood v. SmithMassachusetts Supreme Judicial Court · 1898
  3. Plunkett v. HanschkaSouth Dakota Supreme Court · 1901
  4. Prime v. HarmonSupreme Judicial Court of Maine · 1921
  5. Robinson v. BesarickMassachusetts Supreme Judicial Court · 1892

3 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API