Folsom v. Barrett
Massachusetts Supreme Judicial Court
Contract on an account annexed, containing nearly one hundred items, to recover a balance of $1,007.20 for commissions for buying and selling various horses; for boarding and training a horse called Sun Pointer, and for other expenses incurred, principally on account of that horse, the property of the defendant.
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Contract on an account annexed, containing nearly one hundred items, to recover a balance of $1,007.20 for commissions for buying and selling various horses; for boarding and training a horse called Sun Pointer, and for other expenses incurred, principally on account of that horse, the property of the defendant. Writ in the Municipal Court of the City of Boston dated March 16, 1900. On appeal to the Superior Court the case was tried before Bond, J. The report of an auditor was introduced, by which the following facts appeared: One class of items in the account related to the board" and…
1Opinion of the CourtHammond, J.
On July 27,1899, the plaintiff had a lien upon the -horse Sun Pointer, to secure him for the payment of the expenses of its keeping up to that time. The amount due as claimed by the plaintiff was $300.96, and, although requested by the defendant, he refused to deliver up the horse except upon the payment of that sum. The auditor has found that the balance due at that time was only $129.17.
The defendant requested the judge to rule in substance, that (1) if the defendant demanded the horse of the plaintiff and the plaintiff refused to deliver him up except upon the payment of a certain sum…
2Cases cited3 opinions
- Hamilton v. McLaughlinMassachusetts Supreme Judicial Court · 1887
- Schayer v. Commonwealth Loan Co.Massachusetts Supreme Judicial Court · 1895
- Fowler v. ParsonsMassachusetts Supreme Judicial Court · 1887
3Cited by17 opinions
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- West v. Whitney-Fidalgo Seafoods, Inc.Alaska Supreme Court · 1981
- Goodman v. Anglo-California Trust Co.California Court of Appeal · 1923
- Mondello v. Hanover Trust Co.Massachusetts Supreme Judicial Court · 1925
- Power Transmission Equipment Corp. v. Beloit Corp.Wisconsin Supreme Court · 1972
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