Denny v. Warren
Massachusetts Supreme Judicial Court
This was an action of trover, to recover the value of certain goods mentioned in the declaration; and was tried upon the general issue, at the last April term in this county, before Wilde, J. On the part of the plaintiff, a deputy sheriff of this county, it was n evidence, that on Saturday the 28th of November, 1818, there was delivered to him a writ of attachment in favor of one Samuel Kettle against one Aaron Morse, with directions to secure the denand declared on in the…
Read the full summary
This was an action of trover, to recover the value of certain goods mentioned in the declaration; and was tried upon the general issue, at the last April term in this county, before Wilde, J. On the part of the plaintiff, a deputy sheriff of this county, it was n evidence, that on Saturday the 28th of November, 1818, there was delivered to him a writ of attachment in favor of one Samuel Kettle against one Aaron Morse, with directions to secure the denand declared on in the writ: that he went to the store of Morse, .vho was a trader in Worcester, about two o’clock in the afternoon of said day;…
1Opinion of the CourtParker, C. J.
The plaintiff, having been in the store, within view of the goods, and with the power to remove them, must be considered as having attached them; he having a writ for that purpose, and declaring his intention, but suspending the [ * 422 ] removal of them for the convenience *of the debtor. In this situation, the delivery of the key to him by the clerk, was the same as if it had been delivered by the debtor himself; for, in his absence, the acts of the clerk for the benefit of the master, ought to be construed the acts of the latter.
When the defendant took possession of the goods, they were…
2Cited by9 opinions
- Smith v. GettingerSupreme Court of Georgia · 1847
- Vinton v. BradfordMassachusetts Supreme Judicial Court · 1816
- Hollister v. GoodaleSupreme Court of Connecticut · 1831
- Tomlinson v. CollinsSupreme Court of Connecticut · 1850
- Lyon v. RoodSupreme Court of Vermont · 1840
4 more not listed; retrieve them via the Exa API.