Legal Opinion

Lingo v. Abbott

Superior Court of Delaware

Decided April 12, 1912No. 325PublishedCited by 2 opinions

Action of Replevin for the recovery of a mare, delivered to the defendant under a conditional sale. The facts appear in the charge to the jury.

1Opinion of the Court

Pennewill, C. J.,

charging the jury:

Gentlemen of the jury:—This is an action of replevin brought by the plaintiff, Archie B. Lingo, against the defendant, Rufus A. Abbott, for the recovery of the possession of one large claybank mare, which the plaintiff alleges the defendant unlawfully detained from him at the time the writ of replevin was issued.

The plaintiff claims that he traded the mare in question with one Peter J. Joseph, April 1, 1909, taking in the exchange a judgment note of Joseph for $75, payable April 1, 1911. There was incorporated in said note the following provision:

“It is…

2Cases cited1 opinion

  1. Shreve v. CrosbySupreme Court of New Jersey · 1906

3Cited by2 opinions

  1. Starr v. GovatosSuperior Court of Delaware · 1925
  2. In Re Collins Hosiery Mills, Inc.District Court, E.D. Pennsylvania · 1937

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