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plaintiffdefendantbail
contractdefendantbail

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Fisher v. Bartlett, 8 Greenl. 122, 8 Me. 122, 1831 WL 559, 22 Am.Dec. 225

Facts

The plaintiff, as a deputy sheriff, attached a thousand pine mill logs valued at two thousand dollars on a writ in favor of Henshaw & al. The defendants, who received the logs from the plaintiff, promised to redeliver them or pay the value upon demand. After a judgment was recovered by Henshaw & al., the execution was placed in the hands of Fisher for collection, who demanded the logs from the defendants but was unable to obtain them. The defendants claimed that the logs were not the property of the debtor but belonged to Fisk & Bridge, and sought to use this as a defense in the action against them.

It further appeared that no logs were in fact delivered to the defendants, at the time of signing the contract.

Issue

Whether the defendants could present evidence that the logs were not the property of the debtor and thus constitute a valid defense against the action for redelivery.

The defendants offered to prove, by way of bar to the action, that the logs were not the property of Davis & al. but of Fisk & Bridge.

Rule

A bailee in possession of property attached by an officer may defend against an action for redelivery by proving that the property does not belong to the debtor and has been restored to the true owner.

A benefit to a promisor, or an injury or inconvenience to a promisee constitutes a legal consideration.

Analysis

The court analyzed the defendants' claim and determined that the evidence they sought to present regarding the true ownership of the logs was relevant and should have been admissible. The court emphasized that the officer's responsibility for the attached property does not negate the right of the bailee to defend against claims if the property does not belong to the debtor. The court also noted that allowing the officer to recover the full value of the property, when it belonged to a third party, could lead to unjust outcomes.

But if such third person has obtained possession of the property or has appropriated it to his own use and henefit, there seems to be no sound reason why the receiptor, in such case, should not be permitted to defend himself by proving these facts.

Conclusion

The court concluded that the default against the defendants could not stand, as they should have been allowed to present their defense regarding the ownership of the logs.

We know not; but we are all of opinion, for the reasons we have given, that the present default cannot stand.

Who won?

The defendants prevailed in the case because the court ruled that they were entitled to present evidence regarding the true ownership of the logs, which constituted a valid defense.

The court emphasized that the officer's responsibility for the attached property does not negate the right of the bailee to defend against claims if the property does not belong to the debtor.

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