Ormsby v. Dearborn
Massachusetts Supreme Judicial Court
Replevin of certain articles of jewelry. Trial in the Superior Court, before Putnam, J., who allowed a bill of exceptions in substance as follows: The defendant, a deputy sheriff, claimed the property by virtue of an attachment upon a writ of J. N. Kendall against I. M-. Friselle, dated May 2, 1872. Friselle filed a petition in bankruptcy under the laws of the United States, June 6, 1872, and was on the same day adjudicated a bankrupt.
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Replevin of certain articles of jewelry. Trial in the Superior Court, before Putnam, J., who allowed a bill of exceptions in substance as follows: The defendant, a deputy sheriff, claimed the property by virtue of an attachment upon a writ of J. N. Kendall against I. M-. Friselle, dated May 2, 1872. Friselle filed a petition in bankruptcy under the laws of the United States, June 6, 1872, and was on the same day adjudicated a bankrupt. Horace Partridge, the assignee in bankruptcy, defended this action for the benefit oí the creditors of said Friselle. The plaintiffs contended that they were…
1Opinion of the CourtMorton, J.
The goods replevied were delivered by the plaintiffs to Friselle, and the issue in the case was, whether they were sold to him, or intrusted to him as the plaintiffs’ agent. Friselle having been adjudicated a bankrupt, his assignee defends this action for the benefit of his creditors. It appeared at the trial that the plaintiffs have proved an account against the estate of the bankrupt, which account includes the price of the goods replevied, as goods sold and delivered to him.
The remedy thus elected by the plaintiffs is utterly inconsistent with their claim in this suit. The two cannot stand…
2Cases cited1 opinion
- Cook v. FarringtonMassachusetts Supreme Judicial Court · 1870
3Cited by11 opinions
- Miller v. HydeMassachusetts Supreme Judicial Court · 1894
- Whitney v. AbbottMassachusetts Supreme Judicial Court · 1906
- Riley v. HaleMassachusetts Supreme Judicial Court · 1893
- White v. WhiteSupreme Court of Vermont · 1896
- Washburn v. RainierAppellate Division of the Supreme Court of the State of New York · 1912
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