Hart v. Fitzgerald
Massachusetts Supreme Judicial Court
Replevin for all the undivided right which William Bodfish formerly had in four hundred and fifty spruce logs ; also the undivided half of the same number of logs, like unto but other than those first mentioned, belonging to the plaintiff.
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Replevin for all the undivided right which William Bodfish formerly had in four hundred and fifty spruce logs ; also the undivided half of the same number of logs, like unto but other than those first mentioned, belonging to the plaintiff. (a) The defendant avows the taking, and says that the said goods and chattels at the time when, &c., were the property of the plaintiff, one Daniel Page, and one William Bodfish, as tenants in common ; and sets forth their respective shares ; and that the defendant, being then and ever since a deputy sheriff, by virtue of a writ of attachment, sued by one…
1Opinion of the Court
Without hearing the counsel for the defendant, the opinion of the Court was afterwards delivered by
Parsons, C. J.
When a contract is made with two or more persons, and one only sues, the defendant may have the advantage of it on the general issue, without pleading it, a fortiori, [*511 J *if it appears from the plaintiff’s own showing that the contract was made with himself and others not named, nor any legal reason assigned for not naming them ; because it appears that no such contract was made with the plaintiff as he has declared on. (a) But if there are several part owners of a chattel, and an…
2Cases cited9 opinions
- Baker v. JewellMassachusetts Supreme Judicial Court · 1810
- President of the Portland Bank v. StubbsMassachusetts Supreme Judicial Court · 1810
- Patten v. GurneyMassachusetts Supreme Judicial Court · 1821
- Thompson v. HoskinsMassachusetts Supreme Judicial Court · 1814
- Brown v. DelanoMassachusetts Supreme Judicial Court · 1815
4 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- Shaw v. GilbertWisconsin Supreme Court · 1901
- Spooner v. RossMissouri Court of Appeals · 1887
- Phipps v. TaylorOregon Supreme Court · 1887
- Fay v. DugganMassachusetts Supreme Judicial Court · 1883
- Thompson v. Union Elevator Co.Supreme Court of Missouri · 1883
39 more not listed; retrieve them via the Exa API.