Legal Opinion

Globe Works v. Wright

Massachusetts Supreme Judicial Court

Decided November 15, 1870PublishedCited by 22 opinions

Replevin of the materials composing the parts of two unfinished steam-engines. Trial in the superior court, before Reed, J. who allowed the following bill of exceptions : “ James Tetlow contracted to build for the United States two iron tug-boats, the Palos and Leyden, and the steam-engines therefor. In the winter or spring of 1865 he contracted with tí e firm of Hepworth & Carr, machinists, for the construction of the steam-engines.

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Replevin of the materials composing the parts of two unfinished steam-engines. Trial in the superior court, before Reed, J. who allowed the following bill of exceptions : “ James Tetlow contracted to build for the United States two iron tug-boats, the Palos and Leyden, and the steam-engines therefor. In the winter or spring of 1865 he contracted with tí e firm of Hepworth & Carr, machinists, for the construction of the steam-engines. The plaintiffs claimed title, among other ways based on the contract with the government and the contract with said firm, upon the ground that they had acquired…

1Opinion of the CourtGray, J.

The difficulties of this case arise out of the complication of the facts and the want of order and clearness of statement in the bill of exceptions.

The contract between the United States and Tetlow was rightly admitted to show the state of facts existing when the subsequent oral contracts were made, and thus assist in ascertaining what those contracts were.

The instructions requested by the defendant were rightly refused. So far as they had any legal foundation, they were included in the instructions given.

The question whether the plaintiffs had the lien which they now assert for work done…

2Cited by22 opinions

  1. Rizzo v. CunninghamMassachusetts Supreme Judicial Court · 1939
  2. Hammond v. DanielsonMassachusetts Supreme Judicial Court · 1879
  3. Gassett v. GlazierMassachusetts Supreme Judicial Court · 1896
  4. Storms v. SmithMassachusetts Supreme Judicial Court · 1884
  5. Commonwealth v. CheneyMassachusetts Supreme Judicial Court · 1886

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