Leighton v. Harwood
Massachusetts Supreme Judicial Court
Replevin of four sewing machines. The answer alleged that the machines were not the property of the plaintiff; that the defendants were assignees in bankruptcy of Cyrus G. Foss; that the machines were part of the bankrupt’s estate; that, as such assignees, they took the machines, and were in possession of them when replevied; that if the machines were conveyed by Foss to the plaintiff, such conveyance was in fraud of the bankrupt act; that the plaintiff did not give the…
Read the full summary
Replevin of four sewing machines. The answer alleged that the machines were not the property of the plaintiff; that the defendants were assignees in bankruptcy of Cyrus G. Foss; that the machines were part of the bankrupt’s estate; that, as such assignees, they took the machines, and were in possession of them when replevied; that if the machines were conveyed by Foss to the plaintiff, such conveyance was in fraud of the bankrupt act; that the plaintiff did not give the defendant twenty days’ notice of the action; and that he could not maintain this action, as the defendants were in…
1Opinion of the CourtChapman, C. J.
This is an action of replevin for four sewing machines. The defendants took them January 23, 1871, and the jury have found that they were then the property of the plaintiff. It appears from the bill of exceptions that the plaintiff purchased them of Cyrus G. Foss on October 1, 1870, and paid him for them in cash. They were delivered to him in a stitching shop of which Foss had a lease expiring November 1, 1870; and it was agreed that they should remain there and be used by the plaintiff or his wife in doing work for Foss till his tenancy expired. On November 1 the plaintiff hired the shop and…
2Cases cited1 opinion
- Freeman v. HoweSupreme Court of the United States · 1861
3Cited by3 opinions
- Ward v. MoffettMissouri Court of Appeals · 1889
- Shapiro v. GoldmanMassachusetts Supreme Judicial Court · 1925
- Capital National Bank v. WilkersonIndiana Court of Appeals · 1905