Hall v. White
Massachusetts Supreme Judicial Court
Replevin of clothing and furniture against George W. White, Jr., Gerard C. Tobey, John W. Beals and Thomas Hussey. Writ dated May 11,1868. The case was submitted to the judgment of the superior court, and, on appeal, of this court, upon facts agreed substantially as follows : The plaintiff on December 11,1866, mortgaged the replevied property to Joseph H. Beals and Richard M. Ricker, doing business under the style of Beals & Bicker, to secure a promissory note payable in…
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Replevin of clothing and furniture against George W. White, Jr., Gerard C. Tobey, John W. Beals and Thomas Hussey. Writ dated May 11,1868. The case was submitted to the judgment of the superior court, and, on appeal, of this court, upon facts agreed substantially as follows : The plaintiff on December 11,1866, mortgaged the replevied property to Joseph H. Beals and Richard M. Ricker, doing business under the style of Beals & Bicker, to secure a promissory note payable in sixty days. The mortgage deed provided that on breach of condition the mortgagees might take immediate possession of the…
1Opinion of the CourtAmes, J.
“ Beplevin cannot be maintained, in this Commonwealth, against a person who has no possession or control of the goods to be replevied; replevied goods cannot be restored and returned to a person from whom they were never taken, and such serson cannot rightfully be made a defendant, sole or joint, in an action of replevin.” Richardson v. Reed, 4 Gray, 441. The plaintiff therefore clearly cannot maintain her suit against the defendant White. He had ceased to have any possession or control of the property for more than two months before the' date of the plaintiff’s writ. If there has been…
2Cited by13 opinions
- Bishop v. American Preservers' Co.Illinois Supreme Court · 1895
- Sinnott v. . FeiockNew York Court of Appeals · 1901
- Riciotto v. ClementCalifornia Supreme Court · 1892
- Dow v. DempseyWashington Supreme Court · 1899
- Moore v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1923
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