Spooner v. Cummings
Massachusetts Supreme Judicial Court
Two actions OF replevin, of a horse and of a mare respectively. The answer in each case contained a general denial, and that in the second case also set up fraud and laches on the part of the plaintiff, and an authority from him to sell the mare to the defendant. Trial in the Superior Court, before Aldrich, J., who allowed a bill of exceptions in each case.
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Two actions OF replevin, of a horse and of a mare respectively. The answer in each case contained a general denial, and that in the second case also set up fraud and laches on the part of the plaintiff, and an authority from him to sell the mare to the defendant. Trial in the Superior Court, before Aldrich, J., who allowed a bill of exceptions in each case. In the first case there was evidence that on May 26, 1888, the plaintiff, who then owned the horse in question, sold it to one Pope, who bought and received it upon an agreement in writing signed by him, which recited that the horse was to…
1Opinion of the CourtEnowlton, J.
Under the answer of the defendant, any evidence was competent which tended to contradict the contention of the plaintiff, that the title to the horse and the right of possession were in him. Verry v. Small, 16 Gray, 121, 122. Whitcher v. Shattuck, 3 Allen, 319.
The defendant was not a party to the written contract between the plaintiff and Pope, but claimed outside of it, and in support of his own title he might show by parol what was the real arrangement between them, even if it differed from that contained in the writing. Kellogg v. Tompson, 142 Mass. 76. If the plaintiff expressly or…
2Cases cited6 opinions
- Haskins v. WarrenMassachusetts Supreme Judicial Court · 1874
- Kellogg v. TompsonMassachusetts Supreme Judicial Court · 1886
- Tracy v. LincolnMassachusetts Supreme Judicial Court · 1887
- Fall River National Bank v. BuffintonMassachusetts Supreme Judicial Court · 1867
- Fowler v. ParsonsMassachusetts Supreme Judicial Court · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
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- Richards v. AppletMassachusetts Supreme Judicial Court · 1905
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