Galvin v. Bacon
Supreme Judicial Court of Maine
This was an action of replevin for a horse. On trial before x Weston Justice, it appeared that the horse was originally the property of the plaintiff. That the defendant bought him of one McAllister, he of one Scott, and Scott of one Staples, to whom the horse had been delivered by the plaintiff for use for a limited period and under the expectation of a purchase by Staples.
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This was an action of replevin for a horse. On trial before x Weston Justice, it appeared that the horse was originally the property of the plaintiff. That the defendant bought him of one McAllister, he of one Scott, and Scott of one Staples, to whom the horse had been delivered by the plaintiff for use for a limited period and under the expectation of a purchase by Staples. The horse in question was delivered at each of these sales, and it was agreed that Scott, McAllister, and the defendant respectively purchased bona fide for a valuable consideration, and without notice of any claim or…
1Opinion of the Court
'The opinion of the Court was delivered by
Weston J.
Where a party is rightfully in possession of property belonging to another, he does not unlawfully detain it, until after a demand by the true owner and a refusal. But if the taking is tortious, no such demand is necessary. This is a principle uniformly applied in actions of trover. In Gates v. Gates, 15 Mass. 311, and in Seaver v. Dingley, 4 Greenl. 306, the same rule is understood to apply in cases of replevin. In some other cases cited, as in Hussey & al. v. Thornton & al. 4 Mass. 405, and in Marston v. Baldwin, 17 Mass. 606, this point…
2Cases cited1 opinion
- Hussey v. ThorntonMassachusetts Supreme Judicial Court · 1808
3Cited by10 opinions
- Poggi v. ScottCalifornia Supreme Court · 1914
- Shoemaker, Miller & Co. v. SimpsonSupreme Court of Kansas · 1876
- Velsian v. LewisOregon Supreme Court · 1888
- Donahue v. ShippeeSupreme Court of Rhode Island · 1887
- Schwamb Lumber Co. v. SchaarAppellate Court of Illinois · 1901
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