Foss v. Stewart
Supreme Judicial Court of Maine
This was an action of trespass for taking three and one half tons of hay, of the alleged Value of thirty-five dollars. The defendant justified the taking as a constable of the town of Scarborough, by virtue of a writ of attachment, in favor of one Henry H. Googins, against the plaintiff", returnable to the Court of Common Pleas for the county of York, at the October Term, 1833, as the property of the plaintiff", which the plaintiff" contended he had no legal right to do,…
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This was an action of trespass for taking three and one half tons of hay, of the alleged Value of thirty-five dollars. The defendant justified the taking as a constable of the town of Scarborough, by virtue of a writ of attachment, in favor of one Henry H. Googins, against the plaintiff", returnable to the Court of Common Pleas for the county of York, at the October Term, 1833, as the property of the plaintiff", which the plaintiff" contended he had no legal right to do, because the said hay was by law exempt from attachment. The parties agreed to the following statement of facts. At the time…
1Opinion of the Court
After a continuance, nisi, the opinion of the Court was drawn up by
Weston C. J.
The defendant, in the attachment made by him, under which he justifies, and in defending the action of replevin, brought against him by Joseph Boss, jr., acted in behalf of the attaching creditor. As he represented him, he succeeded in defeating the title of the plaintiff in replevin, to whom no formal delivery had been made, to give effect to the mortgage or pledge intended by the plaintiff for his security.
The defendant, having received from Joseph Boss,jr. who failed in his suit, the whole value of the hay…
2Cited by2 opinions
- Byrnes v. John Deere Plow Co.Supreme Court of Kansas · 1906
- Olin v. FoxSupreme Court of Minnesota · 1900