Mann v. United Motor Boston Co.
Massachusetts Supreme Judicial Court
Replevin for the possession of a motor car known as a Columbia touring car, which was bought by the plaintiff from one Hixon. Writ dated March 12, 1912. In the Superior Court the case was tried before Brown, J. At the close of the evidence, which is described in the opinion, the judge ordered a verdict for the defendant and reported the case for determination by this court, with a stipulation which is quoted in the opinion.
1Opinion of the CourtCrosby, J.
This is an action of replevin. It is before us on a report made by a judge of the Superior Court, who ruled that the action could not be maintained and directed a verdict for the defendant.
The facts in the case are as follows: One Hixon, who was the owner of a Regal motor car, entered into an agreement to exchange it for a Columbia motor car owned by the defendant. Hixon also agreed to pay the defendant the sum of $1,000 as a part of the bargain and delivered to it a check for that amount. The contract was made and fully completed on Sunday, September 3, 1911. Soon afterwards, Hixon notified…
2Cases cited15 opinions
- Delano v. SmithMassachusetts Supreme Judicial Court · 1910
- Myers v. MeinrathMassachusetts Supreme Judicial Court · 1869
- Miles v. JanvrinMassachusetts Supreme Judicial Court · 1909
- National Security Bank v. CushmanMassachusetts Supreme Judicial Court · 1877
- Old Colony Railroad v. WilderMassachusetts Supreme Judicial Court · 1884
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3Cited by10 opinions
- Capano v. MelchionnoMassachusetts Supreme Judicial Court · 1937
- Malone v. BianchiMassachusetts Supreme Judicial Court · 1945
- Symmes Arlington Hospital, Inc. v. Town of ArlingtonMassachusetts Supreme Judicial Court · 1935
- Ryan v. GilbertMassachusetts Supreme Judicial Court · 1947
- Libbra v. Mt. Olive & Staunton Coal Co.Appellate Court of Illinois · 1961
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