Silver v. Roberts Garage, Inc.
Massachusetts Supreme Judicial Court
Replevin of an Owen Magnetic automobile. Writ dated September 14, 1918. In the Superior Court, the action was tried before Sanderson, J. Material evidence is described in the opinion.
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Replevin of an Owen Magnetic automobile. Writ dated September 14, 1918. In the Superior Court, the action was tried before Sanderson, J. Material evidence is described in the opinion. Against the objection and subject to an exception by, the defendant, the judge left to the jury with appropriate instructions the determination of the question, whether the defendant was estopped, by the conduct of one Roberts, its president and principal stockholder, to claim a title to the automobile. The jury found for the plaintiff; and the defendant alleged exceptions.
1Opinion of the CourtBraley, J.
The action is replevin to obtain possession of an Owen Magnetic automobile. The admission of evidence to which the defendant excepted having been elicited in cross-examination, was within the discretion of the court, and the only remaining question is, whether there was evidence which would warrant a finding by the jury that the defendant was estopped from maintaining its alleged title to the automobile.
It seems to have been unquestioned that on January 15, 1917, one Roberts bought the car of F. M. Chase, Inc., upon a conditional contract of sale or lease, the title to remain in the seller…
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