Nelson v. Dodge
Massachusetts Supreme Judicial Court
Replevin of a horse. Trial in the Superior Court, before Dewey, J., who allowed a bill of exceptions in substance as follows: The plaintiff testified that he was the owner of the horse replevied, and that the defendant came to him and wanted to buy the horse, and said he would give him his note with the indorsement of Elias Magoon thereon in payment; that he told the defendant that he knew Magoon, that his indorsement would be satisfactory, and that he would sell him the…
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Replevin of a horse. Trial in the Superior Court, before Dewey, J., who allowed a bill of exceptions in substance as follows: The plaintiff testified that he was the owner of the horse replevied, and that the defendant came to him and wanted to buy the horse, and said he would give him his note with the indorsement of Elias Magoon thereon in payment; that he told the defendant that he knew Magoon, that his indorsement would be satisfactory, and that he would sell him the horse upon those conditions ; that the horse at the time of this conversation was in the possession of one Kimball, and the…
1Opinion of the CourtColt, J.
The question which the jury came in to ask, plainly had reference to the second clause in the instructions which were given when the case was committed. The answer of the judge to this question stated the law correctly. Taken in connection with the previous instructions, it implied the necessary element of the plaintiff’s acceptance of the note unindorsed in payment. The additional instruction requested by the plaintiff was but a repetition of a proposition which had been once stated to the jury with more fulness, and there was no apparent necessity for its repetition. In the opinion of a…
2Cited by4 opinions
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- Silsby v. Boston and Albany RailroadMassachusetts Supreme Judicial Court · 1900
- Blood v. DeweyMassachusetts Supreme Judicial Court · 1945
- Brownville Maine Slate Co. v. HillMassachusetts Supreme Judicial Court · 1900