Thurber v. Oliver
U.S. Circuit Court for the District of Maryland
Replevin. Ruling upon prayers for instruction to the jury. In this case the plaintiffs caused to he issued a writ of replevin out of this court on the twenty-first day of June, 1884, under which 3,000 cases of canned tomatoes were taken from a building in Har-ford county, Maryland, which had been occupied by the defendant, Oliver.
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Replevin. Ruling upon prayers for instruction to the jury. In this case the plaintiffs caused to he issued a writ of replevin out of this court on the twenty-first day of June, 1884, under which 3,000 cases of canned tomatoes were taken from a building in Har-ford county, Maryland, which had been occupied by the defendant, Oliver. Oliver had been for some years engaged in the business of canning tomatoes in Harford county, and in October, 1883, had upwards of 3,000 cases of canned tomatoes in the premises where he carried on this business. Being in need of money to enable him to hold them for…
1Opinion of the CourtMorris, J.
It is the misfortune of the plaintiffs in this case that they have now to support their title to the goods replevied by invoking principles of law which were not in contemplation when the transactions were entered upon. When the plaintiffs advanced to Oliver $4,200, on October 16,1883, on the collateral security of 3,000 cases of canned tomatoes, they relied for their protection upon the storage receipt as valid and sufficient, under the Maryland act of 1876, (chapter 262,) to pass to them, in the language of that act, “a full and complete title to the property mentioned in the receipt, with…
2Cases cited3 opinions
- Casey v. CavarocSupreme Court of the United States · 1878
- Dungan v. Mutual Benefit Life InsuranceCourt of Appeals of Maryland · 1873
- State v. BryantCourt of Appeals of Maryland · 1885
3Cited by3 opinions
- Fourth St. Nat. Bank v. Millbourne Mills Co.'s TrusteeCourt of Appeals for the Third Circuit · 1909
- National Bank of Commerce v. Equitable Trust Co.Court of Appeals for the Eighth Circuit · 1915
- Oden v. VaughnSupreme Court of Alabama · 1920