Crane v. Pearson
Supreme Judicial Court of Maine
This was an action of replevin, submitted to the full Court, upon a report of the evidence offered at JSTisi Prius, Appleton, J., presiding. From the report, it appears, that one Pollard, on November 13th, 1852, was at Gartland Station, with his team of four horses, two of which ho exchanged with one Webber for two of his horses, and agreed to pay Webber for the exchange, sixty-five dollars.
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This was an action of replevin, submitted to the full Court, upon a report of the evidence offered at JSTisi Prius, Appleton, J., presiding. From the report, it appears, that one Pollard, on November 13th, 1852, was at Gartland Station, with his team of four horses, two of which ho exchanged with one Webber for two of his horses, and agreed to pay Webber for the exchange, sixty-five dollars. After Pollard’s team had left, Webber, as security for the payment of the sixty-five dollars, requested a writing, which Pollard signed, of the effect following: — that he had received of said Webber, as…
1Opinion of the Court
The opinion of the Court was drawn up by
Appleton, J.
The plaintiff derives his title’ to the sorrel horse from Pollard, whose ownership was unquestioned prior to Nov. 13, 1852. The defendant claims to hold under the agreement of that date, given by Pollard to Webber, he having Webber’s rights.
The evidence shows that Pollard never sold nor delivered the,horse to Webber, nor exchanged it with him.
Webber’s right is by virtue of the agreement with Pollard, of Nov. 13. But that is not a bill of sale. Neither is it a mortgage. If it were, it is not recorded. It is a contract in the alternative — to…
2Cited by1 opinion
- Moser v. KreighIllinois Supreme Court · 1868