Harding v. Eldridge
Massachusetts Supreme Judicial Court
Replevin for a piano. Writ dated December 30,1902. At the trial in the Superior Court before Bichardson, J., without a jury, the plaintiff and one Edwards, under whom he claimed, were the only witnesses called and the facts were not in dispute. It appeared that before August 26, 1901, the piano was the property of the defendant and was in the defendant’s house at Chatham, where it remained until taken by the officer on the replevin writ.
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Replevin for a piano. Writ dated December 30,1902. At the trial in the Superior Court before Bichardson, J., without a jury, the plaintiff and one Edwards, under whom he claimed, were the only witnesses called and the facts were not in dispute. It appeared that before August 26, 1901, the piano was the property of the defendant and was in the defendant’s house at Chatham, where it remained until taken by the officer on the replevin writ. On August 26,1901, the defendant signed the following instrument in writing: “Chatham, Mass., Aug. 26th, 1901. On demand I promise to pay Luther S. Edwards…
1Opinion of the CourtBraley, J.
The plaintiff must prevail on the strength of his own title, and if under the alleged sale the title of the defendant did not pass to him, he never gained a legal right of ownership in the piano and cannot maintain this action.
*41When the note was negotiated and up to the date of the service of the writ of replevin, the piano remained in the possession of the defendant, and there never has been any delivery of it either to the plaintiff or his predecessor the payee of the note under whom he claims, and the rights of the parties must be determined solely by the written agreement. In construing…
2Cases cited11 opinions
- Casey v. CavarocSupreme Court of the United States · 1878
- Easton v. German-American BankSupreme Court of the United States · 1888
- Kellogg v. TompsonMassachusetts Supreme Judicial Court · 1886
- Moors v. ReadingMassachusetts Supreme Judicial Court · 1897
- Thompson v. DolliverMassachusetts Supreme Judicial Court · 1882
6 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Safe Deposit Bank and Trust Company v. Eugene B. Berman, Trustee, in the Matter of Fernandes Welding & Equipment Service, Inc., BankruptCourt of Appeals for the First Circuit · 1968
- Heffernan v. Wollaston Credit UnionMassachusetts Appeals Court · 1991
- Barth Brothers v. BillingsWisconsin Supreme Court · 1975
- Whitman v. Boston Terminal Refrigerating Co.Massachusetts Supreme Judicial Court · 1919
- Perivoliotis v. EvelethMassachusetts Supreme Judicial Court · 1925
19 more not listed; retrieve them via the Exa API.