Barry v. O'Brien
Massachusetts Supreme Judicial Court
Replevin of household furniture. The answer denied that the property in the furniture was in the plaintiff, and that he had any right of possession at the date of his writ; and alleged that the furniture was then rightfully in the possession of the defendant. At the trial in the superior court, before Putnam, J., both parties claimed title to the furniture.
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Replevin of household furniture. The answer denied that the property in the furniture was in the plaintiff, and that he had any right of possession at the date of his writ; and alleged that the furniture was then rightfully in the possession of the defendant. At the trial in the superior court, before Putnam, J., both parties claimed title to the furniture. The plaintiff contended that he owned it and “ let it to the defendant, at a monthly rent to continue until he demanded it back.” The defendant contended that he himself was the owner of it. The judge instructed the jury, that, “ to…
1Opinion of the CourtColt, J.
In order to maintain his action, the plaintiff in replevin, where the issue raises the question of title, must show both property in the goods taken, and the right of immediate and exclusive possession. If he fails to establish his right of possession, he fails to establish his title as against the defendant, as much as if he failed to prove his general or special ownership ; and from the nature of the case, the verdict in his favor must leave the ownership unsettled. A return of the property as a general rule follows of course. If the defendant be not the true owner, he may still be…
2Cited by10 opinions
- Leonard v. WhitneyMassachusetts Supreme Judicial Court · 1872
- Commercial Credit Corp. v. FlowersMassachusetts Supreme Judicial Court · 1933
- Rosen v. United States Rubber Co.Massachusetts Supreme Judicial Court · 1929
- Jeffery v. M. W. Leahy & Co.Massachusetts Supreme Judicial Court · 1927
- Washington Ice Co. v. WebsterSupreme Judicial Court of Maine · 1878
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