Bisbee v. Fadden
Massachusetts Supreme Judicial Court
Replevin of certain personal property. Writ dated June 2, 1882. The plaintiffs, nineteen in number, are described in the writ as members of the Washington Engine Company of Holbrook.
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Replevin of certain personal property. Writ dated June 2, 1882. The plaintiffs, nineteen in number, are described in the writ as members of the Washington Engine Company of Holbrook. Trial in the Superior Court, before Barker, J., who allowed a bill of exceptions, in substance as follows: The plaintiffs introduced evidence tending to show that, as early as 1855, an engine company was in existence in Holbrook called the Relief Engine Company, which continued to exist, by yearly organization under that name, until a new engine was purchased by the town, named the Washington Engine, which took…
1Opinion of the CourtC. Allen, J.
It is plain that the defendants had no title to the property, and the principal question was whether they had possession' of it under such circumstances that they were liable to an action of replevin by the plaintiffs. The evidence was quite sufficient to warrant a verdict for the plaintiffs. The defendants themselves testified," that they took the property for safe keeping for the old company, — which had no title to it, or right of possession, after the new company should be formed; that they anticipated no danger to the property where it was before they took it; and that they did not take…
2Cases cited1 opinion
- Perry v. StoweMassachusetts Supreme Judicial Court · 1872
3Cited by1 opinion
- Wall v. De MitkiewiczDistrict of Columbia Court of Appeals · 1896