Ames v. Palmer
Supreme Judicial Court of Maine
Exceptions from Nisi Prius, May, J., presiding. This was an action of trover for a cask and twenty gallons of rum, taken from on board a vessel. Plea, general issue and a justification. The defendants, to justify the taking, offered a complaint made by said Palmer, defendant, and others, and a warrant and judgment of Woodbury Davis, a justice of the peace, which were objected to.
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Exceptions from Nisi Prius, May, J., presiding. This was an action of trover for a cask and twenty gallons of rum, taken from on board a vessel. Plea, general issue and a justification. The defendants, to justify the taking, offered a complaint made by said Palmer, defendant, and others, and a warrant and judgment of Woodbury Davis, a justice of the peace, which were objected to. Defendants contended that plaintiff was bound to show that the freight on the property from Boston, due to the owners of schooner Comet, which brought it, had been paid, and the lien on it discharged. Plaintiff asked…
1Opinion of the CourtMay, J.
In this case the jury were instructed that it was incumbent on the plaintiff to satisfy them, by proof, that he had a right of property in the goods sued for, and the right of immediate possession; and that, if they were satisfied from the evidence in the case, that the carrier had a lien for the freight, which had not been paid or waived, then the action could not be maintained. Upon the rendition of the verdict, the jury being inquired of by the Court, stated that they found for the defendants, upon the ground that the freight had not been paid and the claim of the carrier had not been…
2Cited by3 opinions
- Rosencranz v. Swofford Bros. Dry Goods Co.Supreme Court of Missouri · 1903
- Coverdell v. EricksonNorth Dakota Supreme Court · 1918
- Green v. CampbellCalifornia Supreme Court · 1878