Peabody v. Maguire
Supreme Judicial Court of Maine
On report from the superior court. The case is stated in the opinion. The following are the laws of Canadá referred to in the opinion which were introduced as evidence in the case : (Copies of Laws.) [Seal.] Article 1998 of the Civil Code of Lower Canada in fofce sincethe first of August, 1866. "The unpaid vendor of a thing has two privileged rights : 1st. A right to revendicate it. 2nd. A right of preference upon its price.
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On report from the superior court. The case is stated in the opinion. The following are the laws of Canadá referred to in the opinion which were introduced as evidence in the case : (Copies of Laws.) [Seal.] Article 1998 of the Civil Code of Lower Canada in fofce sincethe first of August, 1866. "The unpaid vendor of a thing has two privileged rights : 1st. A right to revendicate it. 2nd. A right of preference upon its price. In the ease of insolvent traders, these rights must be exercised within fifteen days after the sale.” It was held in the superior court at Montreal, by Justice Eainville,…
1Opinion of the CourtFoster, J.
The plaintiffs bring this action of assumpsit against the defendants, lumber merchants residing at Quebec and there doing business under the firm name of D. & J. Maguire. Chase, Leavitt & Co. of Portland, are joined as trustees by reason of their having in their possession certain lumber shipped to them by the defendants.
The real contest is in reference to the title to the lumber in ¿lie possession of the trustees. The contention lies between the plaintiffs and the parties of whom the defendants purchased the Humber, who appear as claimants and assert that under’ the circumstances no title…
2Cases cited8 opinions
- West v. PlattMassachusetts Supreme Judicial Court · 1879
- Harris v. DennieSupreme Court of the United States · 1830
- Conard v. Pacific Ins. Co. of NYSupreme Court of the United States · 1832
- Hammett v. . LinnemanNew York Court of Appeals · 1872
- FurnissCourt for the Trial of Impeachments and Correction of Errors · 1831
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3Cited by17 opinions
- Blackwood v. Cutting Packing Co.California Supreme Court · 1888
- Kennedy v. ManryCourt of Appeals of Georgia · 1909
- People v. TomasovichCalifornia Court of Appeal · 1922
- Howe v. Sioux CountySupreme Court of Iowa · 1917
- Fairbanks, Morse & Co. v. NelsonCourt of Appeals for the Ninth Circuit · 1914
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