Legal Opinion

Kenney v. Ingalls

Massachusetts Supreme Judicial Court

Decided April 8, 1879PublishedCited by 3 opinions

Replevin of five cases of felt cloths. The writ, dated September 7, 1877, was originally brought against the defendant Ingalls alone, who attached the goods as a deputy of the sheriff of Suffolk, on a writ against John A. S. Graves and Wyman E. Abercrombie, copartners, doing business under the name of Graves & Abercrombie. Graves & Abercrombie filed a petition in bankruptcy on September 11,1877, and their assignees were allowed to become parties defendant.

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Replevin of five cases of felt cloths. The writ, dated September 7, 1877, was originally brought against the defendant Ingalls alone, who attached the goods as a deputy of the sheriff of Suffolk, on a writ against John A. S. Graves and Wyman E. Abercrombie, copartners, doing business under the name of Graves & Abercrombie. Graves & Abercrombie filed a petition in bankruptcy on September 11,1877, and their assignees were allowed to become parties defendant. At the trial in the Superior Court, before Putnam, J., the jury returned a verdict for the plaintiff; and the assignees alleged…

1Opinion of the CourtLord, J.

There was no error in the ruling of the presiding judge which was prejudicial to the defendants.

There does not appear to be any substantial difference between the real parties to this controversy as to the facts out of which it arises. It is agreed by both of them that there was to be a sale by the plaintiff to Graves & Abercrombie of the goods replevied, and that they should be paid for by the note of Graves & Abercrombie, satisfactorily indorsed by a third party. The plaintiff’s agent uses the language in his testimony that the sale was upon “ these conditions.” Graves, the purchasing…

2Cases cited2 opinions

  1. Donaldson v. FarwellSupreme Court of the United States · 1876
  2. Dugan v. NicholsMassachusetts Supreme Judicial Court · 1878

3Cited by3 opinions

  1. Dickinson v. Central National BankMassachusetts Supreme Judicial Court · 1880
  2. Warnken & Co. v. Langdon Mercantile Co.North Dakota Supreme Court · 1898
  3. Mattocks v. BakerDistrict Court, D. Maine · 1880

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