Ilsley v. Stubbs
Massachusetts Supreme Judicial Court
This was a replevin of a quantity of salt and coals. Issue being taken upon the question of the property of the plaintiffs in the articles replevied, the same was tried at the last October term in this county, before Thatcher, J., and a verdict found by consent for the defendant, subject to the opinion of the Court upon the evidence reported by the judge who sat in the trial.
Read the full summary
This was a replevin of a quantity of salt and coals. Issue being taken upon the question of the property of the plaintiffs in the articles replevied, the same was tried at the last October term in this county, before Thatcher, J., and a verdict found by consent for the defendant, subject to the opinion of the Court upon the evidence reported by the judge who sat in the trial. To maintain the issue on their part, the plaintiffs relied on a bill of sale from Lemuel Weeks, and W. C. Weeks, his son, dated the 8th of January, 1808, at Portland, expressed to be for the consideration of 3000…
1Opinion of the CourtSewall, J.
The general question to be decided in this case is, Does the evidence establish the property of this cargo in the plaintiffs, claiming it under the bill of sale executed at Portland on the 8th of January, 1808 ?
As to the effect of the bill of sale, restricting its operation to the words of it, there would be no question. For literally taken, the cargo claimed under it had no existence at the time of the bargain and transfer, under which the plaintiffs claim. But this is not the construction to be put upon a contract of this kind. As between Weeks if Son and the plaintiffs, the bill of sale…
2Cases cited1 opinion
- Summeril v. ElderSupreme Court of Pennsylvania · 1804
3Cited by7 opinions
- Cross v. . O'DonnellNew York Court of Appeals · 1871
- Pond v. Pond's EstateSupreme Court of Vermont · 1906
- Newhall v. VargasSupreme Judicial Court of Maine · 1836
- Blum v. The CaddoU.S. Circuit Court for the District of Louisiana · 1870
- McConnell v. McConnellIllinois Supreme Court · 1880
2 more not listed; retrieve them via the Exa API.