Buswell v. Bicknell
Supreme Judicial Court of Maine
Replevin for a cow. The taking was alleged to have been on May 25, 1835. The defendant claimed the right to take the cow as his own property.
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Replevin for a cow. The taking was alleged to have been on May 25, 1835. The defendant claimed the right to take the cow as his own property. At the trial before Shepley J. it appeared by the testimony of several witnesses, introduced by the respective parties, that the cow was formerly the property of the defendant, and had been for about a year in the possession of the plaintiff; that the defendant took her from the plaintiff’s pasture, May 25,1835; and that the cow came into the possession of the plaintiff in June, 1834, under a verbal contract, that she should pay for the cow to the…
1Opinion of the Court
The opinion of the Court was drawn up ty
Weston C. J.
The plaintiff received a cow from the defendant, for which she was to pay, by the fourth of April following, sixteen dollars, or to return the cow and to pay four dollars for her use.. The question is, whether the property in the cow passed to the plaintiff, or whether it remained in the defendant, the plaintiff being merely bailee.
Sir William Jones, in his treatise on bailments, 143, says, “there ih a distinction between an obligation to restore the specific things, and a power or necessity of returning others equal in .value.. In the first…
2Cases cited2 opinions
- Seymour v. BrownNew York Supreme Court · 1821
- Dearborn v. TurnerSupreme Judicial Court of Maine · 1839
3Cited by8 opinions
- Foley v. FelrathSupreme Court of Alabama · 1893
- Wind v. Iler & Co.Supreme Court of Iowa · 1895
- William Frantz & Co. v. FinkSupreme Court of Louisiana · 1909
- Robinson v. Fairbanks & Co.Supreme Court of Alabama · 1886
- Zurich General Accident & Liability Insurance Co., Ltd., of Zurich v. Safe-T-Kros Drug Co.Indiana Court of Appeals · 1930
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