Newhall v. Dunlap
Supreme Judicial Court of Maine
Tb;e action was replevin for 125 hogsheads of molasses, imported in the brig Hope, owned by the late Samuel Winter, on whose estate the plaintiffs are administrators, and of which brig one Simon Goodrich, under whom the defendants claim, was master.
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Tb;e action was replevin for 125 hogsheads of molasses, imported in the brig Hope, owned by the late Samuel Winter, on whose estate the plaintiffs are administrators, and of which brig one Simon Goodrich, under whom the defendants claim, was master. Goodrich drew a bill of exchange on Winter in favor of one Jesse Snow, signing the bill in his own name, but directing the amount to be charged to the cargo of the Hope, and the money obtained of Snow on the bill, was invested in the molasses replevied in this suit. The facts in the case appear sufficiently in tire opinion of the Court. The…
1Opinion of the Court
At a subsequent term, the opinion of the Court was drawn up and delivered by
Siiepley J.
The claim of the defendant, Goodrich, to detain the property replevied must depend upon the character in which he *182acted, the responsibilities incurred, and the rights arising out of them. He was master of the vessel of tire intestate, with a letter of instructions, giving him authority to draw a bill of exchange, and to make purchases for his principal. If he has not incurred any personal responsibility, he cannot detain the property. The bill was drawn by Goodrich without any statement or exhibition of…
2Cases cited6 opinions
- Stackpole v. ArnoldMassachusetts Supreme Judicial Court · 1814
- Burrill v. PhillipsU.S. Circuit Court for the District of Rhode Island · 1812
- Lewis v. HancockMassachusetts Supreme Judicial Court · 1814
- Watt v. PotterU.S. Circuit Court for the District of Rhode Island · 1820
- Lane v. PennimanMassachusetts Supreme Judicial Court · 1808
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- The LarchU.S. Circuit Court for the District of Maine · 1855
- The Ole OlesonDistrict Court, E.D. Wisconsin · 1884
- Merchants' & Planters' State Bank of Winnsboro v. BrewerCourt of Appeals of Texas · 1926
- Merchants' & Planters' State Bank of Winnsboro v. BrewerCourt of Appeals of Texas · 1926