Parrott v. Dearborn
Massachusetts Supreme Judicial Court
Tort by Parrott and Henry Hodgkins, against a deputy of the sheriff of Suffolk. Trial in the superior court, before Heed, J., who allowed the following bill of exceptions : “ The only issue between the parties was that of the negligence of the defendant in the care and keeping of a horse.
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Tort by Parrott and Henry Hodgkins, against a deputy of the sheriff of Suffolk. Trial in the superior court, before Heed, J., who allowed the following bill of exceptions : “ The only issue between the parties was that of the negligence of the defendant in the care and keeping of a horse. It appeared in evidence that the plaintiffs were partners, doing business in Boston; that on October 19, 1868, the defendant received a writ against them in favor of Asa Tirrell, with instructions to attach personal property; that at about four o’clock in the afternoon of that day he attached the stock and…
1Opinion of the CourtAmes, J.
Upon the attachment of personal property on mesne process, it is the duty of the officer to keep it safely *107until it shall be required either to be taken on execution in favor of the creditor or to be restored to the debtor, according to the event of the suit. This duty he may perform personally, or by the agency of others, at his convenience and discretion; but in either event the property is in his keeping, and he is responsible for its safety. If he sees fit to employ agents of his own selection, he cannot thereby limit his responsibility for any loss or damage that may befall the property,…
2Cited by6 opinions
- Briggs v. McDonaldMassachusetts Supreme Judicial Court · 1896
- Guttentag v. HuntleyMassachusetts Supreme Judicial Court · 1923
- Holbrook v. United StatesUnited States Court of Claims · 1886
- Strout v. PennellSupreme Judicial Court of Maine · 1882
- Commonwealth v. Weglein, Pennsylvania Court of Common Pleas, Philadelphia County1937
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