Thayer v. Hutchinson
Supreme Court of Vermont
Trover for fifty-six sheep and one horse. Plea, not guilty, with notice that the defendants took the property as belonging to James H. Brackett, on a writ of attachment against him. Issue was joined to the country.
Read the full summary
Trover for fifty-six sheep and one horse. Plea, not guilty, with notice that the defendants took the property as belonging to James H. Brackett, on a writ of attachment against him. Issue was joined to the country. On the trial below, the plaintiff gave evidence tending to prove that said sheep and horse, with other property belonging to said Brackett, were attached on three writs against Brackett, by John Woodbury, a deputized person, who delivered the property in question to the plaintiff for safe-keeping, and the plaintiff gave his receipt therefor; that one Kimball, a deputy sheriff,…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
The opinion and charge of the county court, in this case, that the plaintiff was not entitled to recover, no doubt proceeded upon the ground that the plaintiff had no such in*506terest in the property in question, as would enable him to maintain trover. It is true that, in Massachusetts, it has been held that the receiptor of chattels attached has but a mere naked possession of them, as the servant of the officer, without any legal interest, and that, therefore, he cannot maintain any action against any one who shall take them out of his…
2Cases cited2 opinions
- Commonwealth v. MorseMassachusetts Supreme Judicial Court · 1817
- Ludden v. LeavitiMassachusetts Supreme Judicial Court · 1812
3Cited by4 opinions
- Maxfield v. ScottSupreme Court of Vermont · 1845
- Motor Finance Co. v. NoyesSupreme Judicial Court of Maine · 1942
- Robinson v. BesarickMassachusetts Supreme Judicial Court · 1892
- Godfrey v. Pullman Co.Supreme Court of South Carolina · 1910