Ditson v. Randall
Supreme Judicial Court of Maine
On Facts agreed at Nisi Prius. Replevin for a mare. One Rose hired a horse in Portland to go to Lewiston. He "feloniously or fraudulently” carried the horse through Lewiston to Readfield, and there exchanged him with Furbush, for another horse. He then exchanged the Furbush horse with the plaintiff for the mare now replevied. He afterwards exchanged that mare with the defendant, for another horse.
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On Facts agreed at Nisi Prius. Replevin for a mare. One Rose hired a horse in Portland to go to Lewiston. He "feloniously or fraudulently” carried the horse through Lewiston to Readfield, and there exchanged him with Furbush, for another horse. He then exchanged the Furbush horse with the plaintiff for the mare now replevied. He afterwards exchanged that mare with the defendant, for another horse. In these exchanges, Furbush and the plaintiff and the defendant were, each one, ignorant of any felony or fraud on the part of Rose. The owner of the Portland horse retook it from Furbush, who then…
1Opinion of the Court
Tenney, J., orally.—
We cannot assume that the horse was put away feloniously. We are at liberty only, to conclude from the statement of facts, that it was done fraudulently. And the doctrine is, that the vendor of a chattel, though the sale was procured by the fraudulent conduct of the vendee, cannot reclaim the property from a subsequent innocent purchaser.
Judgment for the defendant.
2Cited by1 opinion
- Fourth National Bank v. St. Louis Cotton Compress Co.Missouri Court of Appeals · 1882