Legal Opinion

Keith v. Maguire

Massachusetts Supreme Judicial Court

Decided January 8, 1898PublishedCited by 10 opinions

Replevin of certain articles of furniture. Trial in the Superior Court, without a jury, before Blodgett, J., who reported the case for the determination of this court, in substance as follows. The plaintiff was the wife of John W. Keith, and was the owner of the goods in question.

Read the full summary

Replevin of certain articles of furniture. Trial in the Superior Court, without a jury, before Blodgett, J., who reported the case for the determination of this court, in substance as follows. The plaintiff was the wife of John W. Keith, and was the owner of the goods in question. In June, 1893, these goods, and certain other goods belonging to her husband, were taken by him, with her knowledge and approval, to a storage warehouse of one Swain, in Boston, and were there stored in the husband’s name with her knowledge and approval, under a contract with Swain to pay five dollars per month.…

1Opinion of the CourtLathrop, J.

The only ground upon which the plaintiff contends that she can maintain this action is that no notice was given to her to appear in the proceeding for a sale of the goods under the Pub. Sts. c. 192, § 25. This section provides for a notice to the “ owner ” of the goods, and her contention is that although her husband stored his and her goods in his name with her full knowledge and approval, still, as she was the owner of some of the goods, she was entitled to notice. We are of opinion that this contention is not tenable.

Thé word “ owner ” is not a technical term. It is not confined to the…

2Cases cited3 opinions

  1. Camp v. RogersSupreme Court of Connecticut · 1877
  2. Hartford v. BradyMassachusetts Supreme Judicial Court · 1874
  3. Wisconsin River Log Driving Ass'n v. D. F. Comstock Lumber Co.Wisconsin Supreme Court · 1888

3Cited by10 opinions

  1. Commissioner of Corporations & Taxation v. City of SpringfieldMassachusetts Supreme Judicial Court · 1947
  2. Birmingham Ry., Light & Power Co. v. MilbratSupreme Court of Alabama · 1917
  3. Coyle v. SwansonMassachusetts Supreme Judicial Court · 1962
  4. Harlow v. SinmanMassachusetts Supreme Judicial Court · 1922
  5. Bare v. ColeSupreme Court of Iowa · 1935

5 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API