Pike v. Balch
Supreme Judicial Court of Maine
On Report from Nisi Prius, Appleton, J., presiding. Replevin. Plea, non cepit, and a brief statement that the property described in the writ was the property of defendants and not the property of the plaintiff; and that plaintiff had no right to the possession of the property at the time of the service of the writ.
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On Report from Nisi Prius, Appleton, J., presiding. Replevin. Plea, non cepit, and a brief statement that the property described in the writ was the property of defendants and not the property of the plaintiff; and that plaintiff had no right to the possession of the property at the time of the service of the writ. The officer who served the writ in this case, had another writ of replevin against the same defendants in favor of one William Todd; and the property taken on both was a cargo of lumber which had been shipped by the plaintiff and William Todd, on board the schooner Baltimore, for…
1Opinion of the CourtHathaway, J.
The questions presented in this case are upon certain requests made by the counsel for the defendants for specific instructions to the jury, and the instructions thereupon given by the presiding Judge.
“ If the voyage be broken up, in the course of it, by ungovernable circumstances; the master, in that case, may even sell the ship or cargo, provided it be done in good faith, for the good of all concerned, and in case of supreme necessity, which sweeps all ordinary rules before it.” 3 Kent’s Com. 173.
The questions presented by the second request, and the *309rulings of the Judge thereon, pertain to…
2Cases cited2 opinions
- American Insurance v. CenterCourt for the Trial of Impeachments and Correction of Errors · 1829
- The New England Insurance Company v. the Sarah AnnSupreme Court of the United States · 1839
3Cited by5 opinions
- Dunham v. HartmanSupreme Court of Missouri · 1900
- Cary v. County of MortonNorth Dakota Supreme Court · 1929
- Sargent v. BryanSupreme Court of Minnesota · 1922
- Astsrup v. LewyDistrict Court, S.D. New York · 1884
- Moore v. HillU.S. Circuit Court for the District of Western Tennessee · 1889