Barney v. Brannan
Supreme Court of Connecticut
Replevin for a piano; brought to the court of common pleas, and tried to the court before Torrance, J. Facts found and judgment rendered for the defendants for one dollar damages and costs. The defendants claimed also a judgment for the return of the piano, which had been delivered to the plaintiff under the process of replevin.
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Replevin for a piano; brought to the court of common pleas, and tried to the court before Torrance, J. Facts found and judgment rendered for the defendants for one dollar damages and costs. The defendants claimed also a judgment for the return of the piano, which had been delivered to the plaintiff under the process of replevin. The court found that up to January 1st, 1883, which was after the plaintiff had brought his suit, he was not entitled to the possession of the piano, but that he had become entitled to it before the trial, and refused to render a judgment for its return to the…
1Opinion of the CourtPark, C. J.
The case finds that the plaintiff was not entitled to the possession of the piano in question when this suit was brought, but was entitled to it when the case was tried in the court below. It appears that in the month of December, 1880, the defendants were the owners of the piano, and sold it to the plaintiff for the sum of fifty dollars. At the same time the parties entered into another contract, wherein the plaintiff agreed to re-sell the piano to -the defendants at any time before the first day of January, 1882, on their re-payment of the sum of fifty dollars, together with a further…
2Cited by4 opinions
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