Zuchtmann v. Roberts
Massachusetts Supreme Judicial Court
Replevin of a piano. Writ dated March 24, 1870. Trial in the superior court, without a jury, before Brigham, ,G. J., who found the following facts: “ The plaintiff, who was a seller of pianos, on February 16, 1870, sold to George F. Atwood the piano replevied, for $600, on condition that it should remain property of the plaintiff until the price was paid.
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Replevin of a piano. Writ dated March 24, 1870. Trial in the superior court, without a jury, before Brigham, ,G. J., who found the following facts: “ The plaintiff, who was a seller of pianos, on February 16, 1870, sold to George F. Atwood the piano replevied, for $600, on condition that it should remain property of the plaintiff until the price was paid. Atwood, upon the delivery of the piano to him on that condition, gave the plaintiff his promissory note as follows: 6 $600. Boston, February 16, 1870. Thirty days after date, I promise to pay to the order of Frederick Znehtmann six hundred…
1Opinion of the CourtColt, J.
Jury trial was waived, and the findings of the judge on all matters of fact are conclusive. He finds that the sale of the piano was upon express condition that the property in it should remain in the plaintiff until paid for, and that this condition had never been complied with. The other facts reportea do not necessarily make out an estoppel, or prevent the plaintiff from asserting his title as against this defendant. There is no fraud found, nor is it found that the bill of parcels was given, or the statement, that he had sold'the piano to Atwood, made by the plaintiff, with any knowledge…
2Cited by18 opinions
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