Fowler v. Parsons
Massachusetts Supreme Judicial Court
Replevin of forty-two hogsheads, two tierces, and one barrel of molasses, on board the schooner Mary Ellen, in the port of Boston, alleged to be unlawfully taken and detained by Fendley Parsons, the master of the schooner, William H. Law, the owner of the schooner, and Frederic 1ST. Lambert, the alleged consignee of the molasses.
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Replevin of forty-two hogsheads, two tierces, and one barrel of molasses, on board the schooner Mary Ellen, in the port of Boston, alleged to be unlawfully taken and detained by Fendley Parsons, the master of the schooner, William H. Law, the owner of the schooner, and Frederic 1ST. Lambert, the alleged consignee of the molasses. Writ dated June 27, 1881. The answer was as follows: “And now come the defendants in the above-entitled cause, and for answer to the plaintiffs’ writ and declaration deny that they or any of them unlawfully and without justifiable cause took the goods of said…
1Opinion of the CourtField, J.
If the goods replevied were taken from the possession of the defendant Lambert, and he had a lien upon them for money paid for customs duties, the action cannot be maintained, unless this lien was discharged or waived before the action was brought. The neglect to pay the amount of the duties, or to make a tender of the amount, is not excused because it would be useless in the sense that, if such a payment or tender had been made, the defendants would still have refused to surrender the goods. A tender of the amount cannot be said to be useless, although the defendants do not accept it,…
2Cases cited13 opinions
- Saltus & Saltus v. EverettNew York Supreme Court · 1838
- Wendell v. Van RensselaerNew York Court of Chancery · 1815
- Everett v. SaltusNew York Supreme Court · 1836
- Everett v. CoffinNew York Supreme Court · 1831
- Thompson v. RoseSupreme Court of Connecticut · 1844
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3Cited by17 opinions
- Starkie v. RichmondMassachusetts Supreme Judicial Court · 1892
- Stein v. SimpsonCalifornia Supreme Court · 1951
- Tracy v. LincolnMassachusetts Supreme Judicial Court · 1887
- Spooner v. CummingsMassachusetts Supreme Judicial Court · 1890
- Breslin v. Fries-Breslin Co.Supreme Court of New Jersey · 1904
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