Wylie v. Marinofsky
Massachusetts Supreme Judicial Court
Replevin. Writ returnable before Henry C. Mulligan, Esquire, trial justice, at Natick in the county of Middlesex and dated April 25, 1907. On appeal to the Superior Court, the case was tried before Lawton, J. The facts are stated in the opinion. The jury found for the plaintiff and the defendant alleged exceptions.
1Opinion of the CourtRugg, J.
This is an action of replevin to recover a horse. The plaintiff contended that she was the owner. The defendant contested this, and asserted that he bought the horse of the plaintiff’s husband, and paid him for it, and that the plaintiff either- authorized or ratified this sale. There was evidence in support of all these claims. The trial judge instructed the jury that the defendant “ says if the plaintiff has satisfied you that She owned the horse, then the evidence that he has offered here ought to satisfy you — and the burden is upon the defendant in this part of the case — that the…
2Cases cited11 opinions
- Willett v. RichMassachusetts Supreme Judicial Court · 1886
- Reynolds v. DavisMassachusetts Supreme Judicial Court · 1908
- Sayles v. QuinnMassachusetts Supreme Judicial Court · 1907
- Spooner v. CummingsMassachusetts Supreme Judicial Court · 1890
- Phipps v. MahonMassachusetts Supreme Judicial Court · 1886
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3Cited by38 opinions
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- Fisher v. DoeMassachusetts Supreme Judicial Court · 1910
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