Legal Opinion

Hussey v. Thornton

Massachusetts Supreme Judicial Court

Decided May 15, 1808PublishedCited by 51 opinions

Replevin for seventy-seven boxes of candles, which the defendants, as officers, had attached as the property of Todd and Worthley, at the suit of certain of their creditors.- Upon trial at the last October term in this county, before Thatcher, J., it was agreed that the demands of the said attaching creditors were just, and existed before the making the after-mentioned contract between the plaintiffs and the said Todd and Worthley.

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Replevin for seventy-seven boxes of candles, which the defendants, as officers, had attached as the property of Todd and Worthley, at the suit of certain of their creditors.- Upon trial at the last October term in this county, before Thatcher, J., it was agreed that the demands of the said attaching creditors were just, and existed before the making the after-mentioned contract between the plaintiffs and the said Todd and Worthley. It appeared in evidence that, in the month of February, 1807, the plaintiffs, then being the undisputed owners of the said candles, agreed to sell them to Todd and…

1Opinion of the Court

The opinion of the Court was afterwards delivered by

Parsons, C. J.

The question to be decided in this case is, in whom the property of the boxes of candles was, at the time the writ of replevin was executed. The case shows that they were once the undisputed property of the plaintiffs; and, unless they have divested themselves of the title to them, they must recover in this action. They at first refused to sell them to Todd and Worthley, without some further security than their single assumpsit. They had probably forgotten, at the moment of actual delivery, the condition for which they had…

2Cited by51 opinions

  1. President of the Michigan State Bank v. HastingsMichigan Supreme Court · 1844
  2. Covill v. Hill & SanfordNew York Supreme Court · 1847
  3. Ward v. ShawNew York Supreme Court · 1831
  4. Lupin v. MarieCourt for the Trial of Impeachments and Correction of Errors · 1830
  5. People v. HaynesCourt for the Trial of Impeachments and Correction of Errors · 1835

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