Bond v. Padelford
Massachusetts Supreme Judicial Court
Trespass for taking and carrying away six oxen, four cows, and four steers, the property of the plaintiff, and converting them, &c.
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Trespass for taking and carrying away six oxen, four cows, and four steers, the property of the plaintiff, and converting them, &c. It was agreed by the parties, that the defendant, being a deputy sheriff of this county, on the 27th of January, 1815, and having in his hands a writ of attachment in favor of one George Dutch against the said Bond, returnable on the third Monday of March then next, by virtue of that writ attached the said cattle ; and, without removing them, took an accountable receipt from one Stephen Flagg for the same, who then was, and had still continued to be, of…
1Opinion of the Court
By the Court.
This action is conceived on mistaken principles. The present plaintiff had no interest in the agreement made between the defendant and Flagg. He had no right to the custody or use of the cattle, after they were attached. He held them merely by the indulgence, and at the pleasure, of the officer, or Flagg, who can be considered, in this transaction, in no other character than as the servant of the officer. Flagg could have maintained no action for the cattle in his own name ; but he might lawfully, at any time, have taken them out of Bond's possession, notwithstanding any contract…
2Cited by12 opinions
- Ludden v. LeavitiMassachusetts Supreme Judicial Court · 1812
- Burns v. LaneMassachusetts Supreme Judicial Court · 1885
- Miller v. AdsitCourt for the Trial of Impeachments and Correction of Errors · 1836
- Robinson v. BesarickMassachusetts Supreme Judicial Court · 1892
- Peters v. StewartSupreme Court of Connecticut · 1877
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