Miller v. Le Piebre
Massachusetts Supreme Judicial Court
Replevin of a cow. Writ dated October 23, 1882. Trial in the Superior Court, without a jury, before Barker, J., who allowed a bill of exceptions, in substance as follows: The plaintiff, who owned the cow in question on October 21, 1882, raffled her, a number of persons participating, each paying fifty cents for a chance. The defendant and John Joubar claimed to be the winner. The plaintiff decided in favor of Joubar.
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Replevin of a cow. Writ dated October 23, 1882. Trial in the Superior Court, without a jury, before Barker, J., who allowed a bill of exceptions, in substance as follows: The plaintiff, who owned the cow in question on October 21, 1882, raffled her, a number of persons participating, each paying fifty cents for a chance. The defendant and John Joubar claimed to be the winner. The plaintiff decided in favor of Joubar. On the following day, while the cow was in the plaintiff’s pasture, the defendant, without leave of the plaintiff, entered the pasture, took away the cow, and removed her to his…
1Opinion of the CourtDevens, J.
The plaintiff had made an instrument in writing stating that he delivered to John Joubar one cow formerly owned by him, and that he released all claim upon her. He afterwards went to the defendant, before bringing this writ of replevin, and demanded the cow-, stating that he wanted her to deliver to Joubar. Upon these facts, the court ruled that he had so far parted with his property that he could not maintain this action.
The transaction with Joubar cannot be treated otherwise than as an attempted gift. Joubar had purchased a ticket in a raffle from the plaintiff, and had, as the plaintiff…
2Cases cited2 opinions
- Carpenter ex rel. Carlton v. DodgeSupreme Court of Vermont · 1848
- Patterson v. ClarkMassachusetts Supreme Judicial Court · 1879
3Cited by4 opinions
- Welch v. HenshawMassachusetts Supreme Judicial Court · 1898
- Franklin v. StoddartSupreme Court of Minnesota · 1885
- Jose Tavares v. Commissioner of Internal RevenueCourt of Appeals for the First Circuit · 1960
- Donnell v. WylieSupreme Judicial Court of Maine · 1892