Cobb v. Haskell
Supreme Judicial Court of Maine
Exceptions from the Court of Common Pleas, Whitman C. J. presiding. Trespass for taking and carrying away a quantity of pine boards, alleged to be the property of the plaintiff. The defence was, tliat the property was attached by a deputy sheriff, whose servant the defendant was, as the property of one Haley, the owner.
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Exceptions from the Court of Common Pleas, Whitman C. J. presiding. Trespass for taking and carrying away a quantity of pine boards, alleged to be the property of the plaintiff. The defence was, tliat the property was attached by a deputy sheriff, whose servant the defendant was, as the property of one Haley, the owner. The plaintiff claimed under a bill of sale from Haley, dated Nov. 3, 1835, made to secure a just debt then due, and the defendant under an attachment, made Jan. 4, 1836, on a writ in favor of a bona fide creditor. The officer removed the property, when it was attached by him,…
1Opinion of the Court
After a continuance, the opinion of the Court was drawn up by
Wjeston C. J.
By a series of decisions, cited for the defendant, a delivery from Haley, the debtor, to the plaintiff, was necessary to give him a title against an attaching creditor. And the argument for the plaintiff is, that there was a sufficient delivery.' The lumber was pointed out to the plaintifij and he was informed by what mark it might be known. From the testimony it appears, that the plaintiff was requested to take it away, and make the best of it. But the plaintiff took no part of the lumber, nor exercised any act of…
2Cases cited3 opinions
- Rice v. AustinMassachusetts Supreme Judicial Court · 1821
- Jewett v. WarrenMassachusetts Supreme Judicial Court · 1815
- Hunn v. BowneNew York Supreme Court · 1804
3Cited by2 opinions
- Lewis v. SwiftIllinois Supreme Court · 1870
- Chong v. Young, Deputy SheriffHawaii Supreme Court · 1952