Harris v. Sumner
Massachusetts Supreme Judicial Court
Replevin of the ship John and her cargo, which were attached by the defendant, a deputy sheriff, as the property of Michael Coltman, upon a writ in favor of Josiah Bradlee and another. At the trial, before Parker C. J., the question was, whether the property in these articles was in Coltman or in the plaintiffs, at the time of making the attachment.
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Replevin of the ship John and her cargo, which were attached by the defendant, a deputy sheriff, as the property of Michael Coltman, upon a writ in favor of Josiah Bradlee and another. At the trial, before Parker C. J., the question was, whether the property in these articles was in Coltman or in the plaintiffs, at the time of making the attachment. The plaintiffs, to prove their property in the articles in question, produced in evidence an instrument bearing date the 7th of September, 1822, but which was actually made out, signed and sealed by Coltman and the plaintiffs, on Sunday the 8th of…
1Opinion of the Court
Putnam J.
delivered the opinion of the Court. The question to be settled in this case is, whether the ship, appurtenances and cargo belong to the plaintiffs, who claim in virtue of the assignment from Coltman, or whether the defendant shall have the same for the use of Bradlee, who claims in virtue of an attachment of the same as the property of Coltman.
The cause has been elaborately argued. Many points nave been raised, and many authorities have been cited in support of them, upon which, from the view we have taken of the case, it is not necessary to remark.
It has been objected that the…
2Cases cited5 opinions
- Brooks v. MarburySupreme Court of the United States · 1826
- Halsey v. FairbanksU.S. Circuit Court for the District of Massachusetts · 1826
- Drinkwater v. DrinkwaterMassachusetts Supreme Judicial Court · 1808
- Hills v. EliotMassachusetts Supreme Judicial Court · 1815
- Passmore v. EldridgeSupreme Court of Pennsylvania · 1824