Ayer v. Bartlett
Massachusetts Supreme Judicial Court
Trover for machmery, goods and chattels. Trial before Putnam J. It was admitted that the plaintiff was once the owner of the property. Moody Bridges, a deputy of the defendant, and for whose alleged default this action was brought, attached it on several writs as the property of William Scholfield, and the defendant contended that the plaintiff had sold and disposed of it in such manner as to render it liable to Seolfield’s creditors.
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Trover for machmery, goods and chattels. Trial before Putnam J. It was admitted that the plaintiff was once the owner of the property. Moody Bridges, a deputy of the defendant, and for whose alleged default this action was brought, attached it on several writs as the property of William Scholfield, and the defendant contended that the plaintiff had sold and disposed of it in such manner as to render it liable to Seolfield’s creditors. It was proved that the machinery belonged to a cotton facory in Andover, and that the plaintiff gave Scholfield possession of the real estate or factory by…
1Opinion of the Court
The opinion of the Court was drawn up by
Parker C. J.
The property which is the subject of this suit, it is agreed, once belonged to the plaintiff; but it is supposed by the defendant, that it was either transferred by him to Scholfield the debtor, or that it was permitted by the plaintiff to be so used and possessed by Scholfield as to give his creditors the right to attach and hold it to satisfy their debts.
There is no evidence of any actual sale to Scholfield, but there was an agreement to sell, the consideration was fixed, and negotiable notes payable at future periods were given by…
2Cases cited2 opinions
- Hussey v. ThorntonMassachusetts Supreme Judicial Court · 1808
- Inhabitants of Deer-Isle v. EatonMassachusetts Supreme Judicial Court · 1815