Watson v. Silsby
Massachusetts Supreme Judicial Court
Two ACTIONS OP replevin, to recover a quantity of goatskins, sold by the plaintiff to the firm of Phelps and Lombard, and attached by the defendant, a deputy sheriff, on a writ against that firm. The cases were tried together in the Superior Court, "before Hammond, J., who directed the jury to return a verdict for the defendant in each case; and the plaintiff alleged exceptions. The material facts appear in the opinion.
1Opinion of the CourtKnowlton, J.
The property which the plaintiff seeks to recover in these actions was sold by him to Phelps and Lombard, whose title the defendant represents. The question presented at the trial was whether Phelps and Lombard bought the goods with an intention not to pay for them. The court ruled that there was no evidence in favor of the plaintiff to be submitted to the jury on this question, and directed a verdict for the defendant. The exception to this ruling presents the only question before us.
It is a general rule of law both in England and in this country, and it is well settled in this Commonwealth,…
2Cases cited7 opinions
- Kline v. BakerMassachusetts Supreme Judicial Court · 1868
- Devoe v. . BrandtNew York Court of Appeals · 1873
- State v. BridgesSupreme Court of Kansas · 1883
- Garbutt v. Bank of Prairie du ChienWisconsin Supreme Court · 1867
- Morrill v. BlackmanSupreme Court of Connecticut · 1875
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3Cited by22 opinions
- Steele v. Commissioner of BanksMassachusetts Supreme Judicial Court · 1922
- Comstock v. LivingstonMassachusetts Supreme Judicial Court · 1912
- McCusker v. GeigerMassachusetts Supreme Judicial Court · 1907
- Levanosky v. LevanoskyMassachusetts Supreme Judicial Court · 1942
- Flaherty v. SchettinoSupreme Court of Connecticut · 1949
17 more not listed; retrieve them via the Exa API.