Legal Opinion

Winsted Hosiery Co. v. New Britain Knitting Co.

Supreme Court of Connecticut

Decided July 13, 1897PublishedCited by 10 opinions

Action of replevin to recover possession of certain machinery, brought to the court of Common Pleas for Litchfield County and tried to the court, Arthur D. Warner, J.; facts found and judgment rendered for the plaintiff, and appeal by the defendant for alleged errors in the rulings of the court.

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Action of replevin to recover possession of certain machinery, brought to the court of Common Pleas for Litchfield County and tried to the court, Arthur D. Warner, J.; facts found and judgment rendered for the plaintiff, and appeal by the defendant for alleged errors in the rulings of the court. The following facts were found by the trial cour.t:— The plaintiff and defendant are each corporations engaged in the manufacture of knit goods, the former in the town of Winchester and the latter in the town of New Britain. In September, 1892, the defendant had in its factory at New Britain upwards…

1Opinion of the CourtHamersley, J.

The plaintiff’s ownership of the goods replevied depends on the validity of the contract in writing claimed to have been made between the parties and contained in the letter, dated September 27th, 1892, offering to purchase the goods, and the acceptance of that offer signed “New Britain Knitting Co., E. W. Schultz, Tr.” The goods which were the subject of the contract were not articles sold by the defendant in the ordinary course of its business, but were machinery constituting a part of its manufacturing plant. Mr. Schultz was a servant of the defendant appointed by its directors. “ The…

2Cases cited5 opinions

  1. Merchants' Bank v. State BankSupreme Court of the United States · 1871
  2. Mining Co. v. Anglo-Californian BankSupreme Court of the United States · 1881
  3. Hayden v. AllynSupreme Court of Connecticut · 1887
  4. Swazey v. Union Manufacturing Co.Supreme Court of Connecticut · 1875
  5. National Shoe & Leather Bank's Appeal from CommissionersSupreme Court of Connecticut · 1887

3Cited by10 opinions

  1. Nolan v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1898
  2. Bernard J. Lee, Platiff-Appellant v. Jenkins Brothers, Bernard J. Lee v. Farnham YardleyCourt of Appeals for the Second Circuit · 1959
  3. Davis v. MargolisSupreme Court of Connecticut · 1928
  4. Goodhart v. StateSupreme Court of Connecticut · 1911
  5. Rooney v. WoolworthSupreme Court of Connecticut · 1902

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