Parsons v. Webb
Supreme Judicial Court of Maine
This was an action of replevin of a horse; and was tried before Weston J. upon the issue of property in the plaintiff. It appeared that the plaintiff had delivered the horse to one Read, his son in law, to sell for him; and that Read had turned out the horse in payment of a debt he owed to one Gilman, who had sold him to the defendant.
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This was an action of replevin of a horse; and was tried before Weston J. upon the issue of property in the plaintiff. It appeared that the plaintiff had delivered the horse to one Read, his son in law, to sell for him; and that Read had turned out the horse in payment of a debt he owed to one Gilman, who had sold him to the defendant. The counsel for the defendant contended that whatever might be the finding of the jury upon the question of property, yet as the defendant had bought the horse of a person who was the apparent owner and whom he had reason to believe to be the real owner, the…
1Opinion of the Court
The opinion of the Court was read at the ensuing September term, as drawn up by
Mellen C. J.
Under the instructions given to the jury, they have, by their verdict in favor of the plaintiff, decided that Read *40had not authority from him to dispose of the horse as he pleased and treat him as his own. The question then is whether the last instruction of the Judge was correct, namely, that if the authority given to Read was to sell the horse for the plaintiff, it would justify him in turning him out for the payment of his own debt. Most of the authorities cited by the defendant’s' counsel have…
2Cases cited1 opinion
- Lansing v. TurnerNew York Supreme Court · 1806
3Cited by3 opinions
- Galbraith v. WeberWashington Supreme Court · 1910
- Gould v. BlodgettSupreme Court of New Hampshire · 1881
- Cable Co. v. MillerSupreme Court of Iowa · 1913