Whitney v. Farrar
Supreme Judicial Court of Maine
Exceptions from the ruling of Mat, J., and on motion to set aside the verdict as against law and the evidence. • This was an action on the case, against the late sheriff of the county of Washington, for the default of his deputy in not delivering, on demand, certain property attached on the original writ, that the same might be taken to satisfy the execution.
1Opinion of the Court
The opinion of the Court was drawn up by
Davis, J.
The plaintiffs were mortgagees of a vessel on the stocks, during its construction. After the mortgage had been given, they sold to the builder, Seth G. Low, certain anchors, cables, and chains. The vessel was destroyed by fire while still unfinished; and the anchors, cables, and chains being saved, the plaintiffs caused them to be attached in a suit against Low. Whether they had been so attached to the vessel that the plaintiffs could have held them under their mortgage is not quite clear from the evidence. But that question is entirely…
2Cited by11 opinions
- First National Bank v. FlynnSupreme Court of Minnesota · 1933
- Cox v. HarrisSupreme Court of Arkansas · 1897
- Byram v. StoutIndiana Supreme Court · 1891
- Stein v. McAuleySupreme Court of Iowa · 1910
- Stephens v. CoxCourt of Appeals of Texas · 1923
6 more not listed; retrieve them via the Exa API.