Bangs v. Beacham
Supreme Judicial Court of Maine
On bepobt. Assumpsit on a receipt given by the defendant to the plaintiff, as an attaching officer, for goods attached in a suit of Gilman M. Keyes v. Rebecca J. Parker, brought under B. S., c. 113, § 51, for knowingly aiding and assisting a debtor, Clement Parker, in a fraudulent transfer of his property to secure it from his creditors, and particularly from Keyes.
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On bepobt. Assumpsit on a receipt given by the defendant to the plaintiff, as an attaching officer, for goods attached in a suit of Gilman M. Keyes v. Rebecca J. Parker, brought under B. S., c. 113, § 51, for knowingly aiding and assisting a debtor, Clement Parker, in a fraudulent transfer of his property to secure it from his creditors, and particularly from Keyes. The defendant offered to show that there were then pending in this court, cross suits between Keyes and Clement Parker, to determine whether said Parker is indebted to Keyes; that the suits, together with the suit of Keyes v.…
1Opinion of the CourtAppleton, C. J.
The plaintiff, a deputy shei’iff, attached, on a writ Gilman M. Keyes v. Rebecca J. Parker, certain personal property, which he placed in the defendant’s hands for safe keeping and for which he took his receipt. Judgment having been rendered in that suit, he demanded seasonably of the defendant the property delivered him, which not being given up, this action is brought.
The defendant is the mere bailee of the plaintiff. He is bound to surrender the property on seasonable demand, whenever the plaintiff may require it, whether there has been a judgment in the action in which the attachment was…
2Cited by2 opinions
- Colbath v. HoeferOregon Supreme Court · 1903
- Holcomb v. C. N. Nelson Lumber Co.Supreme Court of Minnesota · 1888