Fisher v. Alsten
Massachusetts Supreme Judicial Court
Replevin for a motor cycle which had been the subject of a voting contest at a public fair of an association known as the Viking Cycle Club in Worcester.
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Replevin for a motor cycle which had been the subject of a voting contest at a public fair of an association known as the Viking Cycle Club in Worcester. Writ in the Central District Court of Worcester dated March 30,1903. On appeal to the Superior Court the case was tried before Graskill, J. It appeared that the club chose a committee of five who were given full power to carry on a fair with voting contests; that the committee hired'Mechanics Hall and conducted a fair in the name of the club for several days and evenings, closing on a Saturday ; that a voting contest for “ the most popular…
1Opinion of the CourtHammond, J.
Even if it be assumed in favor of the plaintiff that the “ voting contest ” was legal, and further, that he, as the person who turned in the most cash, should have been declared the winner, there is still one defect in bis case which is fatal.
The action is replevin and the plaintiff must show at least his right to possession. And this must be a legal right; an equitable right is not sufficient. In this case the right must rest on title alone; and the title never was in the plaintiff. The committee, acting under “full power to manage and carry on the fair and the voting contests,” decided and…
2Cited by4 opinions
- Wylie v. MarinofskyMassachusetts Supreme Judicial Court · 1909
- Dunbar-Laporte Motor Co. v. DesrocherMassachusetts Supreme Judicial Court · 1924
- Sheehan & Egan, Inc. v. American Railway Express Co.Massachusetts Supreme Judicial Court · 1931
- Fancy v. Massachusetts Parking AuthorityMassachusetts District Court, Appellate Division · 1966