Higgins v. Emmons
Supreme Court of Connecticut
This was an action on a receipt, given by the defendants, to the plaintiff, for 20 tons of hay, 4 cows, 3 yoke of oxen, 3 horses and 30 cords of wood, previously attached, by the plaintiff as a deputy-sheriff in a suit brought by one Bigelow against the defendant, Emmons; which property, the defendants, by the terms of the receipt, promised to safely keep, and redeliver to the plaintiff on demand.
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This was an action on a receipt, given by the defendants, to the plaintiff, for 20 tons of hay, 4 cows, 3 yoke of oxen, 3 horses and 30 cords of wood, previously attached, by the plaintiff as a deputy-sheriff in a suit brought by one Bigelow against the defendant, Emmons; which property, the defendants, by the terms of the receipt, promised to safely keep, and redeliver to the plaintiff on demand. The declaration averred, that at East-Haddam, on the 17th of May, 1820, the plaintiff, with the execution issued in said suit, made demand of the defendants of the property mentioned in the receipt,…
1Opinion of the Court
Hosmer, Ch. J.
The only question before the court, relates to the sufficiency of the plaintiff’s demand. The cases which determine the place of delivery, have no relevancy to the place of demand; for the demand need not, of necessity, be made at the place, where the goods and chattels must be received. If the defendants had declared, that the articles were destroyed, or if they had refused to deliver them, no one would doubt that the demand was sufficient.
The defendants having engaged to deliver the property in question on demand, it is the legal construction of the contract, that a reasonable…
2Cases cited3 opinions
- Scott v. CraneSupreme Court of Connecticut · 1814
- Mason v. BriggsMassachusetts Supreme Judicial Court · 1820
- Swift v. ChamberlainSupreme Court of Connecticut · 1821
3Cited by6 opinions
- Taylor v. McBeeNew Mexico Court of Appeals · 1967
- Dunlap v. HuntingNew York Supreme Court · 1846
- Cumberland Telephone & Telegraph Co. v. TaylorIndiana Court of Appeals · 1909
- Widner v. WalshSupreme Court of Colorado · 1877
- Dunn v. MarstonSupreme Judicial Court of Maine · 1852
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