Bacon v. Daniels
Massachusetts Supreme Judicial Court
Contract against Mahlon M. Daniels and Welcome A. Thayer, on a receipt signed and sealed by them, which, after reciting the attachment by the plaintiff, a deputy sheriff, of three cows, on a writ dated December 22, 1870, in an action by John M. Daniels against the first named defendant, and the value of the cows, proceeded as follows: “ Now in consideration of the premises, and of said E. O. Bacon allowing the above property, so by him attached, to remain in the charge and…
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Contract against Mahlon M. Daniels and Welcome A. Thayer, on a receipt signed and sealed by them, which, after reciting the attachment by the plaintiff, a deputy sheriff, of three cows, on a writ dated December 22, 1870, in an action by John M. Daniels against the first named defendant, and the value of the cows, proceeded as follows: “ Now in consideration of the premises, and of said E. O. Bacon allowing the above property, so by him attached, to remain in the charge and possession of the said Mahlon M. Daniels, we hereby jointly and severally promise and agree that said property is the…
1Opinion of the CourtWells, J.
In defence to the action upon this agreement, the court below admitted evidence that the property therein mentioned was not attachable, two of the cows having been previously sold by the debtor, and the other being exempt by law; and, upon such proof, gave judgment for the defendant. This was erroneous. Even if there had been in the writing only the recitals and agreements respecting the property, the express promise and agreement “ that said property is the lawful property of the said ” debtor, would preclude the defendants from setting up title in another, in contravention of their…
2Cited by6 opinions
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- Mason v. AldrichSupreme Court of Minnesota · 1886
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