Soule v. White
Supreme Judicial Court of Maine
Trespass for certain chattels taken by Randall Fish, a deputy of the testator, late sheriff of the county. Fish took the chattels on an execution against one Cowan. The .title set up by the plaintiffs was an instrument in writing from Cowan, whereby he pledged to them the property in controversy, to secure to them certain claims against him, and to indemnify them against certain liabilities, which they had assumed on his account.
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Trespass for certain chattels taken by Randall Fish, a deputy of the testator, late sheriff of the county. Fish took the chattels on an execution against one Cowan. The .title set up by the plaintiffs was an instrument in writing from Cowan, whereby he pledged to them the property in controversy, to secure to them certain claims against him, and to indemnify them against certain liabilities, which they had assumed on his account. The fairness of the transaction was impeached, but the jury sustained the title of the plaintiffs. The counsel for the defendants contended, that, as they defended…
1Opinion of the Court
After a continuance, the opinion of the Court was drawn up by
Embry J.
A verdict having been rendered in this case for the value of the property taken by Randall Fish, a deputy of the defendant’s testator, late sheriff of this county, the question now is, whether the plaintiff shall be restricted in his damages to the value of the amount of his claim against the debtor, because the plaintiff is a mortgagee of the property, and his debt was unpaid.
It has been argued, certainly with strength, that the damages to the plaintiff ought to be only commensurate with the injury to which he has been…
2Cases cited2 opinions
- Prescott v. WrightMassachusetts Supreme Judicial Court · 1809
- Cowing v. SnowMassachusetts Supreme Judicial Court · 1814
3Cited by1 opinion
- Cabell v. JohnstonCourt of Appeals of Texas · 1896