Hastings v. Baldwin
Massachusetts Supreme Judicial Court
Replevin of sundry articles of merchandise. The defendant pleaded property in one Thomas Holt in bar, and an avowry of taking the goods, as a deputy sheriff of this county, upon a writ of attachment sued out from the Boston Court of Common Pleas, against said Holt, by one of his creditors, on the 3d of December, 1819; to which the plaintiff replied property in himself; upon which issue was joined, and tried at the last March term here, before the chief justice.
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Replevin of sundry articles of merchandise. The defendant pleaded property in one Thomas Holt in bar, and an avowry of taking the goods, as a deputy sheriff of this county, upon a writ of attachment sued out from the Boston Court of Common Pleas, against said Holt, by one of his creditors, on the 3d of December, 1819; to which the plaintiff replied property in himself; upon which issue was joined, and tried at the last March term here, before the chief justice. To maintain this issue, the plaintiff offered in evidence a writ of attachment, bearing date the 29th of November, 1819, sued out by…
1Opinion of the CourtParker, C. J.
The indenture, under which the plaintiff claims a right to the property replevied, was intended to be tripartite between L * 556 ] * Holt, Hastings, and such other creditors of Holt as should sign and seal the same. It was executed only by Holt and Hastings ; and the first objection made to the verdict is, that it is an incomplete instrument, and ought not to have been received in evidence.
Had Hastings been constituted merely a trustee by the instrument, *449without any interest in the property himself, the objection would be valid; for as none of the creditors became parties, there would have…
2Cases cited1 opinion
- Burlingame v. BellMassachusetts Supreme Judicial Court · 1820
3Cited by3 opinions
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- Schoolfield, Hanauer & Co. v. HirshMississippi Supreme Court · 1893
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