Legal Opinion

Bartlett v. Williams

Massachusetts Supreme Judicial Court

Decided March 15, 1823PublishedCited by 1 opinion

This was an action of replevin for a brigantine, called the Nancy, with the appurtenances. The defendant pleaded in bar, that the property was in one Long, and not in the plaintiff ; and issue was tendered on that traverse and joined. On the trial, before Jackson J., it appeared that the vessel had been owned by Long, and that he gave a bill of sale of it to the plaintiff on the 27th of October, 1819, but made no formal delivery of the vessel.

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This was an action of replevin for a brigantine, called the Nancy, with the appurtenances. The defendant pleaded in bar, that the property was in one Long, and not in the plaintiff ; and issue was tendered on that traverse and joined. On the trial, before Jackson J., it appeared that the vessel had been owned by Long, and that he gave a bill of sale of it to the plaintiff on the 27th of October, 1819, but made no formal delivery of the vessel. The plaintiff, at the same time, gave a memorandum in writing to Long, acknowledging the receipt of the bill of sale as security for the payment of…

1Opinion of the Court

Putnam J.

delivered the opinion of the Court. [After stating the facts, he proceeded :]

It has been contended, that the bill of sale, under the circumstances of this case, was void as against' the attachment; and also that the transaction was usurious, and so void.

The question concerning the usury was submitted to the jury, and they have found for the plaintiff, and, as it seems to us, according to the evidence. Long, the vendor, testified expressly that there was no corrupt or usurious agreement. We are not in this case to determine whether the plaintiff was legally entitled to the .…

2Cases cited2 opinions

  1. President of the Maine Bank v. ButtsMassachusetts Supreme Judicial Court · 1812
  2. President of the Northampton Bank v. AllenMassachusetts Supreme Judicial Court · 1813

3Cited by1 opinion

  1. McIntosh v. SmileyMissouri Court of Appeals · 1888

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