Legal Opinion

Stevens v. Bell

Massachusetts Supreme Judicial Court

Decided March 15, 1810PublishedCited by 17 opinions

This action was trover for certain chattels claimed by the plaintiffs as their property, and averred by them to have been converted by the defendant to his own use.

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This action was trover for certain chattels claimed by the plaintiffs as their property, and averred by them to have been converted by the defendant to his own use. A trial was had, during the present term, on the general issue, before Sewall, J., and a verdict taken for the plaintiffs, for the sum of 22,000 dollars, to be amended, as to the amount, by the Court, upon evidence to be exhibited; and the whole subject to the opinion of the Court, upon the facts reported by the judge, whether the plaintiffs are entitled to recover. Both parties agreed, at the trial, that the chattels in question…

1Opinion of the Court

* Parsons, C. J.

By our law, as well a debtor as he who is bound to indemnify another against an engagement entered into for his use and at his request, may, without question, secure his creditors and his sureties by pledging his property, or by conveying it in trust for their use, with their consent, so that the same be done honestly and fairly ; for the existing debt, or the engagement by the surety, is a valuable consideration, and such security oi trust is repugnant to no principle of public policy. If such security, so pledged or conveyed in trust, be delivered over agreeably to the…

2Cases cited4 opinions

  1. Brashear v. WestSupreme Court of the United States · 1833
  2. Marbury v. BrooksSupreme Court of the United States · 1822
  3. Halsey v. FairbanksU.S. Circuit Court for the District of Massachusetts · 1826
  4. Wheeler v. SumnerU.S. Circuit Court for the District of Massachusetts · 1826

3Cited by17 opinions

  1. Beck v. BurdettNew York Court of Chancery · 1829
  2. Halsey v. FairbanksU.S. Circuit Court for the District of Massachusetts · 1826
  3. Hollister v. LoudMichigan Supreme Court · 1852
  4. Cushing v. GoreMassachusetts Supreme Judicial Court · 1818
  5. New Albany & Salem Railroad v. HuffIndiana Supreme Court · 1862

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