Goodell v. Fairbrother
Supreme Court of Rhode Island
PlaiNtiee’s petition for a new trial. This action was trover brought in the Court of Common Pleas and taken to the Supreme Court by the defendant’s appeal. It was heard by the court in the Common Pleas and was tried to a jury in the Supreme Court. The plaintiff is a deputy sheriff. March 17, 1875, a writ in favor of one Theodore Johnson against one Edgar W. Guild was put into his hands for service and was served by attachment of a piano as the property of Guild.
Read the full summary
PlaiNtiee’s petition for a new trial. This action was trover brought in the Court of Common Pleas and taken to the Supreme Court by the defendant’s appeal. It was heard by the court in the Common Pleas and was tried to a jury in the Supreme Court. The plaintiff is a deputy sheriff. March 17, 1875, a writ in favor of one Theodore Johnson against one Edgar W. Guild was put into his hands for service and was served by attachment of a piano as the property of Guild. The piano was delivered to one Charles Taft as keeper, and was left by Taft for storage in the warerooms of one James H. Barney.…
1Opinion of the CourtDukdeb, C. J.
The first ground assigned for a new trial is that the court instructed the jury that the plaintiff was not entitled to recover, if the defendant when he took the piano was acting as agent for the general owner; whereas the plaintiff claimed, and requested the court to charge, that the plaintiff acquired a special property in the piano by the attachment which would entitle him to maintain his action.
It is manifest that the plaintiff could not acquire any property in the piano, otherwise than by estoppel, unless Guild had a property in it which was liable to attachment. But Guild had no…
2Cases cited9 opinions
- Johnson v. BlackmanSupreme Court of Connecticut · 1836
- Buckmaster v. SmithSupreme Court of Vermont · 1850
- Little v. PageSupreme Court of Missouri · 1869
- Ridgeway v. KennedySupreme Court of Missouri · 1873
- Currier v. KnappMassachusetts Supreme Judicial Court · 1875
4 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Carroll v. Cash MillsSupreme Court of South Carolina · 1923
- Agulino v. N.Y., N.H. H.R.R. Co.Supreme Court of Rhode Island · 1899