Miller v. Hyde
Massachusetts Supreme Judicial Court
Replevin of a horse. Writ dated August 10, 1892. The case was submitted to the Superior Court, and, after judgment for the defendant, to this court, on appeal, on agreed facts, in substance as follows. The horse in question was purchased in July, 1890, by Herbert W. Miller, a resident of Boston, through his agent, George Bryden, of Hartford, in the State of Connecticut, who thereafter kept it for him in Hartford.
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Replevin of a horse. Writ dated August 10, 1892. The case was submitted to the Superior Court, and, after judgment for the defendant, to this court, on appeal, on agreed facts, in substance as follows. The horse in question was purchased in July, 1890, by Herbert W. Miller, a resident of Boston, through his agent, George Bryden, of Hartford, in the State of Connecticut, who thereafter kept it for him in Hartford. Miller died in September, 1890, and in- the following November the plaintiff, who was his widow, having been appointed administratrix of his estate, demanded the horse of Bryden, who…
1Opinion of the CourtBarker, J.
The plaintiff may maintain replevin if she is the owner of the horse, and if she is not estopped from asserting her ownership against the defendant. As administratrix of her husband’s estate, she was the owner when she brought trover in Connecticut against Bryden, the bailee, who had wrongfully-usurped dominion, and sold and delivered the horse to Davenport. As the horse was in Connecticut and the action of trover was in the courts of that State, the effect of the suit upon her title would be determined by the law of the forum. But as the law of Connecticut is not stated as an agreed fact, we…
2Cases cited18 opinions
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- Bliss v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1894
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