Clark v. Gaylord
Supreme Court of Connecticut
This was an action by an officer against Ransom Gaylord and Lawrence Merriam, claiming damages of the defendants, for their refusal to surrender property, which had been taken by three writs of attachment against the said Gaylord, and delivered to the defendants upon their written receipt, promising to re-deliver the same to him, or some other proper officer, on demand, and acknowledging themselves estopped from denying that said property had been attached by the plaintiff,…
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This was an action by an officer against Ransom Gaylord and Lawrence Merriam, claiming damages of the defendants, for their refusal to surrender property, which had been taken by three writs of attachment against the said Gaylord, and delivered to the defendants upon their written receipt, promising to re-deliver the same to him, or some other proper officer, on demand, and acknowledging themselves estopped from denying that said property had been attached by the plaintiff, and that the defendants had received the same from him. The cause was tried on the general issue at New Haven, at a term…
1Opinion of the CourtStorrs, J.
A delivery, or bailment, of personal property by one person to another, constitutes a valid consideration for a promise by the latter to return it; and in this case the placing of the property in question, by the plaintiff, in the hands of the defendant, was not the less a good consideration for the promise to re-deliver it to the former, because it did not belong to the .person, as whose property it was attached by the plaintiff. The writs in the plaintiff’s hands were no justification for his attaching the property, as against the owners of it, who were not defendants in those suits, and as…
2Cited by7 opinions
- Pond v. CookeSupreme Court of Connecticut · 1877
- Dayton v. MerrittSupreme Court of Connecticut · 1866
- McNamara v. MatteiSupreme Court of Connecticut · 1901
- Ernest Wolff Manufacturing Co. v. Battreal Shoe Co.Missouri Court of Appeals · 1915
- Colbath v. HoeferOregon Supreme Court · 1903
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