Pratt v. Maynard
Massachusetts Supreme Judicial Court
Replevin of a locomotive boiler. Writ dated June 14,1869. The answer set up the ownership of the replevied property in Isaac M. Cate, and the defendant’s right of possession in the same as Cate’s agent and keeper.
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Replevin of a locomotive boiler. Writ dated June 14,1869. The answer set up the ownership of the replevied property in Isaac M. Cate, and the defendant’s right of possession in the same as Cate’s agent and keeper. The case was heard in the Superior Court, without a jury, by Brigham, C. J., who allowed a bill of exceptions in substance as follows : In 1867, 1868 and 1869, the plaintiffs employed William H. Snow, a boiler-maker, to repair and build boilers and machinery for them, and usually paid said Snow therefor in bank checks as soon as such work was done. During these years, Cate was…
1Opinion of the CourtMorton, J.
This is an action of replevin for a locomotive boiler. It appeared at the trial that the plaintiffs bought the boiler of Snow, paid for it, and that, by direction of the plaintiffs, Snow placed it on a lot of land in the rear of Snow’s shop. The title to the boiler thus passed to the plaintiffs, as between them and Snow. It also appeared that, before this, Snow had mortgaged the boiler, together with other property, to Cate, who is the real defendant in this case, and the issue was whether the plaintiffs or Cate had the better title. The plaintiffs contended that the sale to them was made by…
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