Maguire v. Pan-American Amusement Co.
Massachusetts Supreme Judicial Court
Contract upon a replevin bond. Writ dated May 4, 1906. The case was tried before Brown, J., when the following facts appeared. The plaintiff, Robert E. Maguire, is a deputy sheriff of the county of Suffolk.
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Contract upon a replevin bond. Writ dated May 4, 1906. The case was tried before Brown, J., when the following facts appeared. The plaintiff, Robert E. Maguire, is a deputy sheriff of the county of Suffolk. On September 9,1902, by virtue of a writ in an action of one Charles Messenger against the Lederer Amusement Company, he attached certain personal property consisting of scenery, costumes, and theatrical properties then being used in the production of a play at the Colonial Theatre in Boston. On September 11,1902, the property was taken out of Maguire’s hands by virtue of a replevin writ…
1Opinion of the CourtSheldon, J.
1. The plaintiff’s first exception is to the refusal of the judge to allow him to show what expenses he had been obliged to incur in the defense of the replevin suit, including counsel fees, and also in the present action on the bond. *68His contention is that he is entitled to these sums as a part of the expenditures which he has been obliged to make in order to get back his property or its value. Stern v. Knowlton, 184 Mass. 29. Berry v. Ingalls, 199 Mass. 77. But to this contention there are two sufficient answers.
In the first place, the condition of the bond which constitutes the agreement…
2Cases cited30 opinions
- Inhabitants of Westfield v. MayoMassachusetts Supreme Judicial Court · 1877
- Wheeler v. HansonMassachusetts Supreme Judicial Court · 1894
- Consolidated Hand-Method Lasting Machine Co. v. BradleyMassachusetts Supreme Judicial Court · 1898
- Gordon v. JenneyMassachusetts Supreme Judicial Court · 1820
- Stevens v. TuiteMassachusetts Supreme Judicial Court · 1870
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3Cited by11 opinions
- Stiles v. Municipal CouncilMassachusetts Supreme Judicial Court · 1919
- Goldberg v. CurhanMassachusetts Supreme Judicial Court · 1955
- Tucker v. Tremont Trust Co.Massachusetts Supreme Judicial Court · 1922
- Fitzgerald v. HeadyMassachusetts Supreme Judicial Court · 1916
- Maguire v. Pan-American Amusement Co.Massachusetts Supreme Judicial Court · 1912
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