Staples v. Smith
Supreme Judicial Court of Maine
On Exceptions to the rulings of Mat, J. Trespass for a horse alleged to be the property of the plaintiff and to have been taken by the defendant. The defendant justified the taking by virtue of a writ of attachment against one William N. Knox, whose property he alleged the horse to have been at the time of the attachment.
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On Exceptions to the rulings of Mat, J. Trespass for a horse alleged to be the property of the plaintiff and to have been taken by the defendant. The defendant justified the taking by virtue of a writ of attachment against one William N. Knox, whose property he alleged the horse to have been at the time of the attachment. The evidence tended to show that Knox sold the horse to the plaintiff before the attachment, who left him in the possession of Knox under a written agreement, that he should “ remain in the hands of Knox until called for” by the plaintiff. The plaintiff testified that he had…
1Opinion of the Court
The opinion, of the Court was drawn up by
Appleton, J.
On the 7th of December, 1858, one William N. Knox sold and delivered the horse, which is the subject of this suit, to the plaintiff, and, at the same time, gave him a bill of sale containing these words — “ said Staples agreeing to let the horse remain in Wm. N. Knox’s hands till called for.” The defendant justifies as an officer under a writ against Knox, as whose property the horse was attached. It was proved that the horse had not been “ called for” by the plaintiff, and it is insisted, in the defence, that, for that cause, this suit,…
2Cases cited4 opinions
- Root v. ChandlerNew York Supreme Court · 1833
- Bulkley v. DolbeareSupreme Court of Connecticut · 1828
- Orser v. StormsNew York Supreme Court · 1826
- Shloss v. CooperSupreme Court of Vermont · 1855
3Cited by1 opinion
- Shell Petroleum Corp. v. Liberty Gravel & Sand Co.Court of Appeals of Texas · 1939