Owen v. Boyle
Supreme Judicial Court of Maine
This was ari action of replevin for 600 bushels of salt-, and the question was, whether the property of the salt when replevied, was in the plaintiff. For eight or ten years before thfe trial the plaintiff had been and then was owner of the island of Campo-bello, in the province of New Brunswick, on which island he resided. For many years prior to and on the 22d of September, 1835, William McLane was the tenant under the plaintiff of a wharf and store on said island.
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This was ari action of replevin for 600 bushels of salt-, and the question was, whether the property of the salt when replevied, was in the plaintiff. For eight or ten years before thfe trial the plaintiff had been and then was owner of the island of Campo-bello, in the province of New Brunswick, on which island he resided. For many years prior to and on the 22d of September, 1835, William McLane was the tenant under the plaintiff of a wharf and store on said island. On the above named day the plaintiff distrained the said salt/ which was then in that store, for rent, due on said lease to him…
1Opinion of the Court
The opinion of a majority of the Court, Whitman C. J. dissenting, and giving his reasons, was drawn up, and delivered, at the July Term in this county, 1843, by
Tennev J.
— The building or apartment, where the salt was stored, was used and appropriated by the occupant, not for the deposit and safe keeping or selling of his own goods, but for the purpose of storing the goods of others, placed there in the regular course of commercial dealing and trade, to be again removed or re-shipped, and the building or apartment had acquired the character of a warehouse, and the salt was the property of the…
2Cited by4 opinions
- United States v. National Capital Storage & Moving Co.District Court, D. Maryland · 1967
- Keller v. Lyman, Pennsylvania Court of Common Pleas, Cumberland County1949
- N. Z. Graves Co. v. SmithSuperior Court of Delaware · 1915
- State v. WilsonSupreme Court of New Hampshire · 1866