Brinley v. Spring
Supreme Judicial Court of Maine
This was an action of trespass, against the sheriff, for taking and carrying away the plaintiffs’ schooner Factor, on the 6th day of May 1830; which the defendant justified under divers writs of attachment in actions of assumpsit, against the Saco Manufacturing Company, served by Mbra Wadhigh, one of his deputies.
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This was an action of trespass, against the sheriff, for taking and carrying away the plaintiffs’ schooner Factor, on the 6th day of May 1830; which the defendant justified under divers writs of attachment in actions of assumpsit, against the Saco Manufacturing Company, served by Mbra Wadhigh, one of his deputies. In a case stated by the parties it was agreed that the schooner was built in 1827, by Robert Rogers, who was general agent for the Saco Manufacturing Company, and for its use, with the funds of the company in his hands. The accounts of the building and employment of the vessel were…
1Opinion of the Court
Weston J.
delivered the opinion of the Court at the ensuing May term, in Kennebec.
The question presented for our consideration is, whether at the time of the alleged trespass, viz. on the sixth of May 1830, the plaintiffs were or were not the owners of the schooner Factor. As evidence of title in them they rely, first, upon a bill of sale of the schooner, executed to them by Robert Rogers, on t'he twenty fifth of February, 1830; secondly, upon an indenture, dated December sixteenth, 1829, executed by the Saco Manufacturing Company, purporting to convey all the property of the said company to…
2Cases cited2 opinions
- Putnam v. DutchMassachusetts Supreme Judicial Court · 1811
- D'Wolf v. HarrisU.S. Circuit Court for the District of Massachusetts · 1827
3Cited by2 opinions
- Austin v. A. & W. Sprague Manufacturing Co.Supreme Court of Rhode Island · 1884
- Chase v. WilcoxDistrict Court, D. Maine · 1927