Small v. Robinson
Supreme Judicial Court of Maine
Replevin, for two pairs of wheels, and other parts of a hack. Writ dated June 30, 1877. Plea, the general issue, with brief statement that the title and right of possession in the goods and chattels taken upon said writ were in the defendant. Tried by the justice of the superior court for Cumberland county, without the intervention of a jury, October term, 1877, subject to exceptions in matters of law.
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Replevin, for two pairs of wheels, and other parts of a hack. Writ dated June 30, 1877. Plea, the general issue, with brief statement that the title and right of possession in the goods and chattels taken upon said writ were in the defendant. Tried by the justice of the superior court for Cumberland county, without the intervention of a jury, October term, 1877, subject to exceptions in matters of law. On September 12, 1874, one Isaiah F. Staples purchased of the plaintiff, or agreed to purchase of him, the hack, of which the wheels and other property replevied form part, and gave to the…
1Opinion of the Court
Appleton, C. J.,
This is an action of replevin for a pair of wheels and other parts of a hack, upon which the defendant claims a lion, by reason of work done by him upon them.
The plaintiff is the owner of the hack. It was left for repairs by one Staples, who was in possession under a contract of purchase, the terms of which were unperformed. The defendant was aware of the plaintiff’s title. The presiding justice found that the plaintiff had never given Staples any authority to subject the hack to a lieu for repairs, and ruled that no such authority was to be implied, as a matter of law, from…
2Cases cited2 opinions
- Globe Works v. WrightMassachusetts Supreme Judicial Court · 1870
- Gilson v. GwinnMassachusetts Supreme Judicial Court · 1871
3Cited by17 opinions
- Alexander v. Mobile Auto Co.Supreme Court of Alabama · 1917
- Atlas Securities Co. v. GroveIndiana Court of Appeals · 1922
- Bankers' Commercial Security Co. v. BrennanSuperior Court of Pennsylvania · 1920
- Lowe v. WoodsCalifornia Supreme Court · 1893
- Denison v. ShulerMichigan Supreme Court · 1882
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