Legal Opinion

Chandler v. LeBarron

Supreme Judicial Court of Maine

Decided July 1, 1858PublishedCited by 5 opinions

Exceptions to the ruling of Rice, J. This, was an action of Trover for a pair of steers. It appeared in evidence, that the plaintiff had once owned them, and had sold them to one James Magna, of whom the defendant had purchased them. There was evidence on both sides, upon the question whether the sale to Magna was absolute, or whether the steers were to remain the property of the plaintiff until they were paid for. On this point, Magna was a witness for the defendant.

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Exceptions to the ruling of Rice, J. This, was an action of Trover for a pair of steers. It appeared in evidence, that the plaintiff had once owned them, and had sold them to one James Magna, of whom the defendant had purchased them. There was evidence on both sides, upon the question whether the sale to Magna was absolute, or whether the steers were to remain the property of the plaintiff until they were paid for. On this point, Magna was a witness for the defendant. The plaintiff then offered in evidence a writing, of which the following is a copy:— “Wayne, Sept. 15, 1851. “I hereby…

1Opinion of the Court

The opinion of the Court was drawn up by

Rice, J.

Trover for a pair of steers. Defendant claimed title to the steers by purchase from James Magna. It therefore became material to determine whether the title to the steers was in Magna, at the time of the sale. To prove this fact, it would seem that Magna was called by the defendant, and testified that the title was in him.

To contradict this witness, the plaintiff proposed to introduce a writing, purporting to be signed by said Magna, showing that the title to the steers was to remain in the plaintiff, from whom he received them, until they were…

2Cases cited1 opinion

  1. Homer v. WallisMassachusetts Supreme Judicial Court · 1814

3Cited by5 opinions

  1. Hanriot v. SherwoodSupreme Court of Virginia · 1884
  2. Yates v. . YatesSupreme Court of North Carolina · 1877
  3. Travers v. SnyderAppellate Court of Illinois · 1890
  4. People v. De KroftNew York Supreme Court · 1888
  5. Sullivan v. StarkeyOhio Circuit Courts · 1911

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