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Washington Ice Co. Vs. Webster
Cites for this judgment
- US Supreme Court
- Apr 02, 1888
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U.S. 426 (1888) U.S. Supreme Court Washington Ice Co. v. WebsterSearch
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U.S. 426 (1888) Washington Ice Company v. WebsterSearch
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and transferred to the Supreme Judicial Court for the Middle District. It was there heard, and is reported as Ice Co. v. WebsterSearch
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to the Supreme Judicial Court for the Middle District, where it was heard, and is reported as Washington Ice Co. v. WebsterSearch
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on the writ of return, with interest thereon, the damages and costs assessed in the replevin suit, and interest. Swift v. BarnesSearch
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But a reference to the case of Swift v. BarnesSearch
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The Massachusetts statute and practice in regard to replevin are the same as in Maine. The principle declared in Swift v. BarnesSearch
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writ of restitution, and that in the case then before the court, that was the true measure of damages. In Parker v. SimondsSearch
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Met. 205, it is said that the property in Swift v. BarnesSearch
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had risen in value after it was replevied, and in Parker v. SimondsSearch
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damages without a proper allowance for the depreciation. The rule in Massachusetts seems well settled. In Leighton v. BrownSearch
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The appraisal made in the replevin suit is conclusive against the party by whom it was made. Parker v. SimondsSearch
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the present plaintiff, who, as defendant in the replevin action, had no agency in procuring this valuation. Kafer v. HarlowSearch
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measure of damages for which the plaintiff contends, and to which, in the opinion of the court, he is entitled. Swift v. BarnesSearch
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In Tuck v. MosesSearch
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increase the defendant in the replevin suit was entitled. We see nothing inconsistent with these views in Stevens v. TuiteSearch
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court did not pass on that question. The decisions in Maine support the views taken by the circuit court. In Smith v. DillinghamSearch
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is allowed in the replevin suit and part in the suit on the bond, so long as there is no duplication. In Thomas v. SpoffordSearch
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Me. 408 the case of Smith v. DillinghamSearch
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replevin and the bond. This is in accordance with the decisions in the Supreme Judicial Court of Maine. In Thomas v. SpoffordSearch
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To the same effect is Miller v. MosesSearch
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Me. 128, 141. In Tuck v. MosesSearch
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became bound by the result of the replevin suit by virtue of their agreement contained in the bond. In Drummond v. ExecutorsSearch
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due was held to be admissible in evidence to charge a surety who had guaranteed the debt to the creditor. In Stovall v. BanksSearch
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U.S. Supreme Court Washington Ice Co. v. WebsterSearch
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Washington Ice Company v. WebsterSearch
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Ice Co. v. WebsterSearch
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Swift v. BarnesSearch
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of Swift v. BarnesSearch
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In Parker v. SimondsSearch
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Parker v. SimondsSearch
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In Leighton v. BrownSearch
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Kafer v. HarlowSearch
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Stevens v. TuiteSearch
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In Smith v. DillinghamSearch
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In Thomas v. SpoffordSearch
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of Smith v. DillinghamSearch
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the Supreme Judicial Court of Maine. In Thomas v. SpoffordSearch
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Miller v. MosesSearch
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In Drummond v. ExecutorsSearch
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In Stovall v. BanksSearch
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