Stanley v. Neale
Massachusetts Supreme Judicial Court
Replevin of seventeen barrels of whiskey. At the trial in the superior court, before Lord, J., without a jury, it appeared that one Smith and one Willis, partners under the firm of Smith & Willis, went to New York, and there, by fraud .of which this plaintiff was cognizant, procured the replevied goods from one Selden, and transferred them to the plaintiff; that afterwards, on a writ by Selden against Smith & Willis for the price of the goods, the defendant, a deputy sheriff…
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Replevin of seventeen barrels of whiskey. At the trial in the superior court, before Lord, J., without a jury, it appeared that one Smith and one Willis, partners under the firm of Smith & Willis, went to New York, and there, by fraud .of which this plaintiff was cognizant, procured the replevied goods from one Selden, and transferred them to the plaintiff; that afterwards, on a writ by Selden against Smith & Willis for the price of the goods, the defendant, a deputy sheriff for Suffolk, attached them as property of that firm, pending which this plaintiff replevied them; and that before the…
1Opinion of the CourtChapman, J.
The plaintiff excepts to no finding or decision of the judge except his order for a return. But it had been found that the plaintiff had no title to the property replevied; that the title was in Selden, and that the defendant Neale was his agent. Upon the finding of these facts, the order was correct. For a plaintiff in replevin must maintain his case on the strength of his own title, and, if he fails, the' possession ought, as a general rule, to be restored to the defendant. Johnson v. Neale, 6 Allen, 229. This case does not furnish an exception to the rule, but comes c’early within it
Excepti…
2Cases cited1 opinion
- Stevens v. HayMassachusetts Supreme Judicial Court · 1850
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