Parmenter v. Coburn
Massachusetts Supreme Judicial Court
Action of tort against a deputy sheriff for taking a quantity of cigars, alleged to have been the property of the plaintiff.
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Action of tort against a deputy sheriff for taking a quantity of cigars, alleged to have been the property of the plaintiff. Trial in this court, before Thomas, J., who signed the following bill of exceptions: “ The plaintiff offered evidence of a sale to him by Tinkham, Adams Sc Co. on the 31st of July 1854. “ The defendant justified the taking in August following by virtue of a writ in favor of Andre Brothers against Tinkham, Adams Sc Co., put into his hands as deputy sheriff, and served by attachment on said property, alleging that the sale to the plaintiff was, as against the creditors of…
1Opinion of the CourtMetcalf, J.
The question that was tried by the jury in this case was, whether the cigars which the defendant attached as the property of Tinkham, Adams & Co. had been fraudulently conveyed to the plaintiff by that firm. The plaintiff called Adams, one of the firm, as a witness, who was permitted to testify, on cross-examination, that he bought, in the name of the firm, a carriage in New York, which went into the plaintiff’s possession ; and to the admission of this testimony the plaintiff has alleged exceptions. But his exceptions are so defectively drawn up, that we cannot judge whether that testimony…
2Cases cited1 opinion
- Adams v. EllisSupreme Court of Vermont · 1825