Platt v. Brown
Massachusetts Supreme Judicial Court
Trespass de bonis asportatis, and quare clausum. The defendant, who was sheriff of this county, pleaded the general •ssue, and filed a brief statement justifying- the supposed trespasses, under writs of attachment against Ira Platt. The trial was before Putnam J. The plaintiff claimed under an assignment from Ira Platt, dated January 1, 1835, the consideration of which was alleged therein to be the sum of $2896T0 paid by “ bond and notes.”
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Trespass de bonis asportatis, and quare clausum. The defendant, who was sheriff of this county, pleaded the general •ssue, and filed a brief statement justifying- the supposed trespasses, under writs of attachment against Ira Platt. The trial was before Putnam J. The plaintiff claimed under an assignment from Ira Platt, dated January 1, 1835, the consideration of which was alleged therein to be the sum of $2896T0 paid by “ bond and notes.” The bond referred to in the assignment was conditioned, that the plaintiff should pay debts due from the assignor, amounting to the sum of $2174. It was…
1Opinion of the Court
Wilde J.
delivered the opinion of the Court. The first exception to the instructions of the Court to the jury is, we think, conclusively settled- by the case of Harris v. Sumner, 2 Pick. 129. The only distinction between that case and this is, that there the fraudulent reservation in favor of the assignor was apparent upon the face of the assignment itself, and in this case the reservation was proved by other evidence. This fact being established by the verdict, and it was left to the jury to decide upon it from the evidence, we can see no distinction in principle between the two cases.
But if…
2Cases cited1 opinion
- Burlingame v. BellMassachusetts Supreme Judicial Court · 1820
3Cited by1 opinion
- Bovie Manufacturing, Inc. v. O'Neil Equipment Co.Massachusetts Superior Court · 1996