Maddocks v. Gushee
Supreme Judicial Court of Maine
On exceptions by defendant. This is an action to recover damages for breach of warranty in the sale of a horse by defendant to plaintiff, which horse was later taken from the plaintiff, on a replevin writ brought by Nathan B. Hopkins.
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On exceptions by defendant. This is an action to recover damages for breach of warranty in the sale of a horse by defendant to plaintiff, which horse was later taken from the plaintiff, on a replevin writ brought by Nathan B. Hopkins. In the replevin action, in which the plaintiff in this case was defendant, the plaintiff gave to the defendant, Gushee, notice that the question, involved in the replevin action, was as to whether, Hopkins, plaintiff in the repelvin action, or the defendant, Gushee, in this case, owned the horse at the time Gushee, defendant in this action, sold it to the…
1Opinion of the CourtDunn, J.
The defendant in this action sold and delivered a horse to a man named Hopkins, talcing a Holmes note in payment. Defendant afterward made sale and delivery of the same horse to the plaintiff in this action. Thereupon the original purchaser replevied the horse from the second vendee. Eventually, on default of the defendant in the replevin suit, the court adjudicated, to quote from its record, that the property which had been recovered “belonged to” the plaintiff in the case. Then the present action was begun. When this action came on for trial, evidence was offered tending to show that in the…
2Cases cited6 opinions
- Gates v. . PrestonNew York Court of Appeals · 1869
- Goebel v. . IfflaNew York Court of Appeals · 1888
- Blasdale v. BabcockNew York Supreme Court · 1806
- Gammon v. GammonIllinois Supreme Court · 1894
- Mathewson v. ClarkeSupreme Court of the United States · 1848
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Drainage District No. 1 Reformed v. MatthewsSupreme Court of Missouri · 1950
- E. I. Du Pont de Nemours & Co. v. Richmond Guano Co.Court of Appeals for the Fourth Circuit · 1924
- Arsenault v. CarrierSupreme Judicial Court of Maine · 1978
- Irving Pulp & Paper Ltd. v. KellySupreme Judicial Court of Maine · 1995
- Throckmorton v. HickmanCourt of Appeals for the Third Circuit · 1922
3 more not listed; retrieve them via the Exa API.