Freeman v. Underwoood
Supreme Judicial Court of Maine
ON EXCEPTIONS. Trover, for 1500 bushels of blueberries picked by trespassers in 1871, on wild lands leased to the plaintiff and by them sold to the defendants at their canning factory at Jonesx>ort. Plea, not guilty, with a brief statement that the plaintiff did not own the blueberries nor the land from which they were picked and never had possession of the same; that the blueberries did not come from the plaintiff’s land.
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ON EXCEPTIONS. Trover, for 1500 bushels of blueberries picked by trespassers in 1871, on wild lands leased to the plaintiff and by them sold to the defendants at their canning factory at Jonesx>ort. Plea, not guilty, with a brief statement that the plaintiff did not own the blueberries nor the land from which they were picked and never had possession of the same; that the blueberries did not come from the plaintiff’s land. The plaintiff put in a conveyance of certain lands to his wife, and then, subject to the defendant’s objection, an instrument variously termed a “bill of sale,” and a…
1Opinion of the CourtPeters, J.
A question raised by the defendants is, whether the demand made upon them by the plaintiff for the berries was sufficient. The answer is, that no demand was necessary. The persons who picked the berries from the land in plaintiff’s possession, were trespassers. They sold the berries to the defendants. The defendants received them at their factory for the purpose of “can-*233ning5’ them, as it is termed. The berries were of a rapidly decaying character, requiring immediate use, undoubtedly received from time to time, and it would have been quite impracticable to redeliver the property to the…
2Cases cited1 opinion
- Bearce v. BowkerMassachusetts Supreme Judicial Court · 1874
3Cited by6 opinions
- Velsian v. LewisOregon Supreme Court · 1888
- Hill v. Campbell Commission Co.Nebraska Supreme Court · 1898
- Moundsville Water Co. v. Moundsville Sand Co.West Virginia Supreme Court · 1942
- Gould v. BlodgettSupreme Court of New Hampshire · 1881
- Hovland v. Farmers Union Elevator Co.North Dakota Supreme Court · 1936
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