Farnham v. Cram

Decided June 15, 1838

Supreme Judicial Court of Maine · decided 1838-06-15

The declaration in case described the plaintiff, as a late deputy sheriff, and alleged, that the defendants at Bangor, on May 30, 1836, by their memorandum in writing of that date, in consideration that they had received of the plaintiff certain goods, wares and merchandize of the value of ^400, the same having been attached by the plaintiff as the property of said Cram, on a writ in favor of N. O. Fillsbury, and for the further consideration of one dollar paid the…

Decided 1838-06-15

¶1The opinion of the Court was delivered by

Weston C. J.

¶2The execution of the instrument set forth in the writ, and the demand of the goods averred in the declaration, are admitted by the demurrer. This entitles the plaintiff to maintain his action. Bond v. Padelford, 13 Mass. R. 394. The contract was lawful; and both that and the breach are to be regarded as established. Upon a hearing in damages, if it shall appear that the receiptors acted in behalf of the debtor, and that the goods went to his use, the plaintiff will be entitled only to nominal damages, if the attachment has been dissolved, or the plaintiff is no longer liable to the attaching creditor. But if the attachment has been preserved, and the plaintiff is still liable, he will be entitled to judgment to the extent of his liability, not exceeding the value of the goods stated in the receipt.