Coffin v. Collins
Supreme Judicial Court of Maine
Exceptions from the Court of Common Pleas, Redington J. presiding. Replevin for a quantity of board logs. The brief statement of the defendant alleged that the logs were taken by him as a deputy sheriff, and were then the property of one Sabin P. Jordan, and were seized on an execution in favor of one Bracy against the Narraguagus Log-driving Company, of which' Jordan was alleged to have been a member, and liable for the company debts.
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Exceptions from the Court of Common Pleas, Redington J. presiding. Replevin for a quantity of board logs. The brief statement of the defendant alleged that the logs were taken by him as a deputy sheriff, and were then the property of one Sabin P. Jordan, and were seized on an execution in favor of one Bracy against the Narraguagus Log-driving Company, of which' Jordan was alleged to have been a member, and liable for the company debts. The defendant, having admitted that he took the logs from’ the possession of the plaintiffs, introduced evidence to show that the logs were the property of…
1Opinion of the Court
The opinion of the Court was prepared by
Weston C. J.
The logs in controversy, having been taken from the possession of the plaintiffs, to sustain the defence, it was incumbent on the defendant to prove, that the Narraguagus Log-driving Company was an existing corporation, legally acting as such, that Jordan was a member of it, that the logs were his property, and that they were duly seized, in virtue of an execution against the company. The acceptance of the charter, creating that company, like every other controverted fact, is to be proved by the best evidence, in the power.of the party who…
2Cases cited2 opinions
- Owings v. SpeedSupreme Court of the United States · 1820
- Ellis v. MarshallMassachusetts Supreme Judicial Court · 1807
3Cited by7 opinions
- Turnbull v. PaysonSupreme Court of the United States · 1877
- Chesapeake & Ohio Ry. Co. v. Deepwater Ry. Co.West Virginia Supreme Court · 1905
- Carey v. WilliamsCourt of Appeals for the Second Circuit · 1897
- Bissias v. KoulovatosSupreme Judicial Court of Maine · 2000
- In Re Hull Copper Co.Arizona Supreme Court · 1935
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