Henshaw v. Bank of Bellows Falls
Massachusetts Supreme Judicial Court
Action of tort by Samuel Henshaw and William Raymond Lee, trustees under a second mortgage of the Rutland and Burlington Railroad, for the conversion of five locomotive engines, and the tenders and tools used about them, four passenger cars, and other chattels, formerly belonging to the railroad corporation and alleged to be the plaintiffs’ property.
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Action of tort by Samuel Henshaw and William Raymond Lee, trustees under a second mortgage of the Rutland and Burlington Railroad, for the conversion of five locomotive engines, and the tenders and tools used about them, four passenger cars, and other chattels, formerly belonging to the railroad corporation and alleged to be the plaintiffs’ property. Writ dated February 4th 1854. Trial at November term 1856 before Thomas, J., who reported the case for the consideration of the full court.
1Opinion of the CourtMerrick, J.
This suit is prosecuted to recover the value of the locomotive engines, tenders, passenger cars and other articles enumerated in the writ. It is agreed that all these articles were formerly owned by the Rutland and Burlington Railroad Company, a corporation having its charter from the legislature of the State of Vermont. Both of the parties to the present suit derive the right and title upon which they respectively rely from that company. The defendants having obtained an execution against them upon a judgment rendered in a court of competent jurisdiction in the State of Vermont, caused the…
2Cases cited10 opinions
- Hutchins v. GilchristSupreme Court of Vermont · 1850
- Hastings v. PerrySupreme Court of Vermont · 1848
- Kendall v. SamsonSupreme Court of Vermont · 1840
- Coty v. BarnesSupreme Court of Vermont · 1847
- Hall v. ParsonsSupreme Court of Vermont · 1845
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