Franklin Motor Car Co. v. Hamilton
Supreme Judicial Court of Maine
On exceptions by defendant. This is an action of replevin, brought by the Franklin Motor Car Co., a Massachusetts corporation, against Daniel S. Hamilton, for an automobile. The contract for the sale of said automobile was made, executed and delivered in Massachusetts. Plea, general issue with brief statement.
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On exceptions by defendant. This is an action of replevin, brought by the Franklin Motor Car Co., a Massachusetts corporation, against Daniel S. Hamilton, for an automobile. The contract for the sale of said automobile was made, executed and delivered in Massachusetts. Plea, general issue with brief statement. At the conclusion of the evidence, the presiding Justice directed the jury to return a verdict for the plaintiff, which they accordingly did and assessed damages at one dollar. The defendant filed and had allowed exceptions to said direction. The case is stated in the opinion.
1Opinion of the CourtSavage, C. J.
The plaintiff bargained an automobile to one Welch. Welch was to pay in instalments. The title was to remain in the plaintiff until the instalments were fully paid, and the plaintiff was to have the right to take immediate possession on default of payment of any instalment. The contract was in writing. It was made and to be performed in Massachusetts. A default in payment was made and two days afterwards this action of replevin was brought against the defendant, a deputy sheriff who had previously attached the automobile as the property of Welch, the conditional vendee. The plaintiff gave the…
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