White v. Dolliver
Massachusetts Supreme Judicial Court
Replevin. The case having been referred by a rule of the Superior Court, the referee found and reported that the plaintiff was the assignee of a mortgage of the replevied property, made by one Ashworth to one Ela, and assigned by Ela to the plaintiff; that notice of the foreclosure of the mortgage for breach of the condition was duly recorded January 19, 1869 ; that one Horace B. King, being in possession of the property replevied in this action, “in the character of agent…
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Replevin. The case having been referred by a rule of the Superior Court, the referee found and reported that the plaintiff was the assignee of a mortgage of the replevied property, made by one Ashworth to one Ela, and assigned by Ela to the plaintiff; that notice of the foreclosure of the mortgage for breach of the condition was duly recorded January 19, 1869 ; that one Horace B. King, being in possession of the property replevied in this action, “in the character of agent or bailee of the plaintiff, and under the right of the plaintiff as assignee of the mortgage, and in no other character…
1Opinion of the CourtDevens, J.
The inquiry is here presented whether, if goods are replevied from the custody of an agent or bailee of the party claiming to be the real owner thereof, such party, not being named in the original suit, may maintain replevin against the plaintiff in such suit, before it is terminated, for the same goods.
If the defendant in the suit which was brought by Dolliven were a stranger to the present plaintiff, it is settled that this suit might be brought. In Ilsley v. Stubbe, 5 Mass. 280, 284, it was held to be no sufficient plea to a writ of replevin, that the chattels replevied had been before…
2Cases cited5 opinions
- Ilsley v. StubbsMassachusetts Supreme Judicial Court · 1809
- President of the Portland Bank v. StubbsMassachusetts Supreme Judicial Court · 1810
- Gordon v. JenneyMassachusetts Supreme Judicial Court · 1820
- Globe Works v. WrightMassachusetts Supreme Judicial Court · 1870
- Lewis v. HancockMassachusetts Supreme Judicial Court · 1814
3Cited by18 opinions
- Mitchell v. Georgia & Alabama RailwaySupreme Court of Georgia · 1900
- Miller v. HydeMassachusetts Supreme Judicial Court · 1894
- Mohr v. LanganSupreme Court of Missouri · 1901
- Union National Bank v. Moline, Milburn & Stoddard Co.North Dakota Supreme Court · 1897
- Welter v. JacobsonNorth Dakota Supreme Court · 1897
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