Rice v. Bancroft
Massachusetts Supreme Judicial Court
Trespass for taking a horse. The cause was tried before Putnam J., and by his report it appeared that the defendant, being a deputy sheriff, took the horse as the property of Jonathan Peirce, upon an execution m favor of one Butman against Peirce. The horse once belonged to Peirce.
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Trespass for taking a horse. The cause was tried before Putnam J., and by his report it appeared that the defendant, being a deputy sheriff, took the horse as the property of Jonathan Peirce, upon an execution m favor of one Butman against Peirce. The horse once belonged to Peirce. He failed on the 29th of October 1829, and all his property except this horse was attached on three writs, one in favor of J. F. Clark, and the other two in favor of his sons Willard Peirce and John G. Peirce. The horse was sold by Jonathan to his son Willard on the 31st of October, for $75, and was paid for by a…
1Opinion of the Court
Shaw C. J.
delivered the opinion of the Court. The only question ultimately submitted to the consideration of the Court was, that of the admissibility of the testimony offered by the plaintiff, which was objected to on the ground of hearsay. The case of the defendant, who had attached the horse as the property of Jonathan Peirce, depended upon showing that there had been a fraudulent sale by Jonathan Peirce to his son Willard Peirce, and that the plaintiff took the horse of Willard upon an exchange, with knowledge of the fraudulent sale under which he held the horse. It had also been shown on…
2Cases cited1 opinion
- Reed v. DickSupreme Court of Pennsylvania · 1839