Staniels v. Raymond
Massachusetts Supreme Judicial Court
This action, which was originally commenced before a justice of the peace, came to this court by appeal from the court of common pleas, upon the answers of the supposed trustee, who disclosed as follows: — “ He had been in treaty with the defendant for a cow to be purchased if approved.
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This action, which was originally commenced before a justice of the peace, came to this court by appeal from the court of common pleas, upon the answers of the supposed trustee, who disclosed as follows: — “ He had been in treaty with the defendant for a cow to be purchased if approved. No bargain had been completed, and before the time of trying the cow had expired, and before the service of the plaintiff’s writ, he had notified the defendant that he should not purchase the cow, and had delivered her to him, but the defendant left her in his possession, where she was at the time of the…
1Opinion of the CourtWilde, J.
From the facts stated in the answers of the supposed trustee, it is quite clear that he was not indebted to the principal defendant, at -the time of the service of the plaintiff’s writ upon him, as therein alleged. He had been in treaty with the defendant for the purchase of a cow; but before the service he had declined completing the purchase, and had redelivered the cow, which he had on trial, as by their agreement he had a right to do.
The cow, however, had not been taken away, and the question is, whether the mere possession of the cow, without any claim of right, by the supposed trustee,…
2Cases cited2 opinions
- Inhabitants of Somerset v. Inhabitants of DightonMassachusetts Supreme Judicial Court · 1815
- Burlingame v. BellMassachusetts Supreme Judicial Court · 1820
3Cited by1 opinion
- Clark v. Cole CountySupreme Court of Missouri · 1917