Standard Varnish Works v. Cushing
Massachusetts Supreme Judicial Court
Replevin for a certain varnish described in the writ. Writ dated November 21, 1900. At the trial in the Superior Court before Richardson, J., Mr. Sears, one of the attorneys for the original defendant, Frank R. Milliken now deceased, was called as a witness by the plaintiff, and testified in substance as follows: Frank R. Milliken, the testator of the defendant Annie S. Milliken, executrix, on or about April 28, 1900, advanced to the defendant Cushing the sum of $3,000,…
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Replevin for a certain varnish described in the writ. Writ dated November 21, 1900. At the trial in the Superior Court before Richardson, J., Mr. Sears, one of the attorneys for the original defendant, Frank R. Milliken now deceased, was called as a witness by the plaintiff, and testified in substance as follows: Frank R. Milliken, the testator of the defendant Annie S. Milliken, executrix, on or about April 28, 1900, advanced to the defendant Cushing the sum of $3,000, taking a note of Cushing payable in six months from April 28, 1900, and a mortgage securing it covering the property in the…
1Opinion of the CourtKnowlton, C. J.
Chattels taken under a writ of replevin are in the custody of the law. The bond given by the plaintiff stands as security to the defendant for a proper disposition of the property, according to the order of the court.
At the trial of this action of replevin the plaintiff offered no evidence of its title or right of possession of the goods replevied, but filed a paper admitting that the testator of the defendant Milliken did not retain or have in possession the goods replevied when the writ was sued out. It asked the presiding judge to *582instruct the jury to find for the defendant Milliken, on…
2Cases cited2 opinions
- Barry v. O'BrienMassachusetts Supreme Judicial Court · 1870
- Ware River Railroad v. VibbardMassachusetts Supreme Judicial Court · 1874
3Cited by5 opinions
- Commercial Credit Corp. v. FlowersMassachusetts Supreme Judicial Court · 1933
- Rosen v. United States Rubber Co.Massachusetts Supreme Judicial Court · 1929
- Keaney v. McCarthyMassachusetts District Court, Appellate Division · 1952
- Millett v. SouleSupreme Judicial Court of Maine · 1926
- Mousally v. United Electric Railways Co.Supreme Court of Rhode Island · 1937