Maine Stage Co. v. Longley
Supreme Judicial Court of Maine
Exceptions from the Court of Common Pleas, Smith J. presiding. The action was trover for a trunk, containing goods, described particularly in the declaration. The testimony of Young and Sawin, referred to in the fourth exception, was in substance this.
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Exceptions from the Court of Common Pleas, Smith J. presiding. The action was trover for a trunk, containing goods, described particularly in the declaration. The testimony of Young and Sawin, referred to in the fourth exception, was in substance this. Young testified, that he was the general owner of the trunk and goods, and delivered them to Sawin, who was then acting as the agent of the plaintiffs, and who engaged to transport the same to Beal’s tavern in Turner; and that he paid Sawin fifty cents for so doing, and by his direction put the trunk into the baggage room at the stage house,…
1Opinion of the Court
The opinion of the Court, after a continuance, was drawn up by
Shepley J.
The first exception taken, is to the admission of Haney Young as a witness for the plaintiffs.
There can be no doubt, that the vendor of goods is not to be admitted to prove the title of his vendee, where such title is in controversy, because he is by law .bound to warrant the title. In the case cited from 1 N. H. Rep. 189, it was decided, that the bailor was not a competent witness for the bailee, to prove the general property in himself. In that case the only question, as stated by the Court, was, whether the property…
2Cases cited6 opinions
- Bank of United States v. DandridgeSupreme Court of the United States · 1827
- Hayden v. Middlesex Turnpike Corp.Massachusetts Supreme Judicial Court · 1813
- Le Baron v. CrombieMassachusetts Supreme Judicial Court · 1817
- Andover & Medford Turnpike Corp. v. HayMassachusetts Supreme Judicial Court · 1810
- Eastman v. Coos BankSuperior Court of New Hampshire · 1817
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Lake Erie & Western Railroad v. HuffmanIndiana Supreme Court · 1912
- Norelli v. Mutual Savings Fund HarmoniaSupreme Court of New Jersey · 1938