Meany v. Head
U.S. Circuit Court for the District of Massachusetts
Replevin for two hundred barrels of rye flour. Plea, that the property of the goods at the time, when, &c. was in one Charles W. Greene, and not in the plaintiff [John Meany]. Replication denying the plea, and alleging property in the plaintiff; upon which an issue was taken to the country.
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Replevin for two hundred barrels of rye flour. Plea, that the property of the goods at the time, when, &c. was in one Charles W. Greene, and not in the plaintiff [John Meany]. Replication denying the plea, and alleging property in the plaintiff; upon which an issue was taken to the country. At the trial, it appeared that the goods were the property of the plaintiff, and had been consigned by him to Charles W. Greene, for sale; and Mr. Greene placed them in the store of the defendant [Charles Head] on storage. Mr. Greene having failed in business, a Mr. Haskins, as a creditor of Greene, on the…
1Opinion of the Court
STORY, Circuit Justice.
There is no pre-tence of a general property in Mr. C. W. Greene; and the plea puts in issue, so far as respects the parties to this suit, the general property only in the goods replevied. Nor had Mr. Greene any special property in the goods; for he had a lien only for the general balance of his account, as a factor; and a lien, as has been well observed in Brace v. Duchess of Marlborough, 2 P. Wms. 491, is neither a jus ad rem, nor a jus in re. The lien of a factor is a mere right of retaining the goods of his principal, until his demands in that capacity are settled;…
2Cases cited2 opinions
- President of the Portland Bank v. StubbsMassachusetts Supreme Judicial Court · 1810
- Pangburn v. PatridgeNew York Supreme Court · 1810
3Cited by9 opinions
- Badger v. PhinneyMassachusetts Supreme Judicial Court · 1819
- Craft ex rel. Powell v. WebsterSupreme Court of Pennsylvania · 1833
- Ormsby v. OttmanCourt of Appeals for the Eighth Circuit · 1898
- Andrews & Smith v. Burdick & GobleSupreme Court of Iowa · 1883
- Marston v. BaldwinMassachusetts Supreme Judicial Court · 1822
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