Legal Opinion

Seeley v. Gwillim

Supreme Court of Connecticut

Decided April 15, 1873PublishedCited by 10 opinions

Replevin, for property claimed to be unlawfully detained by the defendant; brought to the Superior Court in New Haven County.

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Replevin, for property claimed to be unlawfully detained by the defendant; brought to the Superior Court in New Haven County. The defendant* pleaded the general issue, which was closed to the court, /with notice that he held the articles in question as trustee under an assignment, in insolvency made by the plaintiff. ' The articles claimed were no otherwise described in the declaration than by reference to a schedule attached to it, the language used being “ certain goods and chattels, to wit, as per schedule annexed.” The court found the following facts. The articles claimed with their…

1Opinion of the CourtCarpenter, J.

It seems that the plaintiff is not only carrying on a trade, as that word is defined and explained by this court in Atwood v. DeForest, 19 Conn., 513, but is also a manufacturer. His being a manufacturer does not prevent the statute from operating to exempt the implements of his trade so far as they are used by him in person. On the other hand the fact that he is carrying on a trade will not extend the provisions of the statute to articles employed by him as a manufacturer merely.

A portion of the articles enumerated in the schedule are clearly implements of his trade; and in respect to them…

2Cases cited2 opinions

  1. Montague v. RichardsonSupreme Court of Connecticut · 1856
  2. Atwood v. DeForestSupreme Court of Connecticut · 1849

3Cited by10 opinions

  1. Haas v. ShawIndiana Supreme Court · 1883
  2. Commissioner of Corporations & Taxation v. Assessors of BostonMassachusetts Supreme Judicial Court · 1947
  3. Assessors of Boston v. Commissioner of Corporations & TaxationMassachusetts Supreme Judicial Court · 1949
  4. Butner v. BowserIndiana Supreme Court · 1885
  5. Kelley v. McFaddenIndiana Supreme Court · 1881

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