Clifford v. Brockton Transportation Co.
Massachusetts Supreme Judicial Court
Contract for an alleged breach of a contract whereby the plaintiff “ bailed with the defendant for hire certain shoes.” Writ in the Police Court of Brockton dated November 1, 1909. On appeal to the Superior Court the case was heard upon an agreed statement of facts by King, J., who found “ pro forma ” for the defendant and reported the case for determination by this court under the following agreement: “If an attachment of personal property can be lawfully made by an officer…
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Contract for an alleged breach of a contract whereby the plaintiff “ bailed with the defendant for hire certain shoes.” Writ in the Police Court of Brockton dated November 1, 1909. On appeal to the Superior Court the case was heard upon an agreed statement of facts by King, J., who found “ pro forma ” for the defendant and reported the case for determination by this court under the following agreement: “If an attachment of personal property can be lawfully made by an officer serving a writ of summons and attachment (instead of a trustee writ), while such property is actually in the course of…
1Opinion of the CourtDe Courcy, J.
The plaintiff, a constable, by virtue of a writ of summons and attachment which ran in favor of one Freedman and against one Bernstein, attached two cases of shoes while they were in transit in the hands of the defendant, a common carrier. Bernstein was the consignee and owner of the shoes at the time. Before making the attachment the plaintiff paid the transportation charges, and afterwards bailed the shoes with the defendant. Later, judgment in favor of Freedman was entered in the action against Bernstein, and was in no part satisfied; whereupon the plaintiff duly demanded the shoes from…
2Cases cited16 opinions
- Bliven Mead v. . Hudson River R.R. Co.New York Court of Appeals · 1867
- Stiles v. Davis & BartonSupreme Court of the United States · 1861
- Rosenbush v. BernheimerMassachusetts Supreme Judicial Court · 1912
- Burton v. WilkinsonSupreme Court of Vermont · 1846
- Adams v. ScottMassachusetts Supreme Judicial Court · 1870
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3Cited by2 opinions
- Chicago & Northwestern Railway Co. v. Alvin R. Durham Co.Supreme Court of the United States · 1926
- Merrill v. Chicago, Burlington & Quincy RailroadAppellate Court of Illinois · 1927