Michael v. McGovern, 7660.

Citation184 A. 571
Decision Date07 April 1936
Docket NumberNo. 7660.,7660.
PartiesMICHAEL v. McGOVERN, Deputy Sheriff.
CourtUnited States State Supreme Court of Rhode Island

Exceptions from Superior Court, Providence and Bristol Counties; Leonidas Pouliot, Jr., Judge.

Action by Assad Michael against Francis L. McGovern, Deputy Sheriff. Verdict for defendant, and case transferred on plaintiff's exceptions.

Exceptions overruled, and case remitted, with direction.

Pettine, Godfrey & Cambio, of Providence, for plaintiff.

Benjamin Cianciarulo, of Providence, for defendant.

CAPOTOSTO, Justice.

This is an action of replevin that was tried before a justice of the superior court sitting with a jury. At the conclusion of the plaintiff's case, the defendant rested without offering any testimony. Both plaintiff and defendant thereupon moved for a direction of a verdict. The case is before us on plaintiff's exceptions to the action of the trial justice in directing a verdict for the defendant and in refusing to direct a verdict for the plaintiff.

The plaintiff, Assad Michael, has conducted a dry goods business at 252 Atwells avenue in the city of Providence for about twenty-five years. Peter Michael, the brother of Assad, was engaged in the same line of business at 27 Arthur avenue. The evidence is clear that the relations between the two brothers were close and that Peter relied upon his brother for both guidance and financial assistance. The plaintiff testified that on March 7, 1930, his brother owed him $9,807.75 for money advanced and goods sold between 1921 and 1929. He further testified that prior to March 7, 1930, he asked his brother for the money, and that as a result of this request Peter conveyed to him his real estate, which was subject to a mortgage of $11,000, at an agreed valuation of $17,000. On March 10, 1930, the plaintiff received from his brother a bill of sale of all the goods and merchandise in the store at 27 Arthur avenue at an estimated value of $1,500 in further payment of his claim. It is admitted that the plaintiff made no attempt to comply with the provisions of chapter 311, General Laws 1923, known as the Sales in Bulk Act, when his brother transferred his entire stock of goods to him.

In May, 1929, Peter Michael, desiring to borrow some money from the Eagle Loan Company, asked and succeeded in getting a friend, Harry Jacobs, and a Mrs. Razza, to sign a note with him, as comakers, payable to that company in the sum of $1,800. When Peter failed to pay the note, the Eagle Loan Company brought suit on February 20, 1930, against all the parties on the note and attached the real estate of Harry Jacobs only. Between this date and March 10, 1930, when Peter Michael transferred his entire stock of merchandise to his brother, Peter did absolutely nothing with reference to his note to the Eagle Loan Company. The result was that on March 12, 1930, Harry Jacobs paid the entire amount of $1,906.13 due to the loan company on the note and then caused a writ of attachment to be issued against Peter Michael in an action to recover this money. By virtue of that writ, Francis L. McGovern, a deputy sheriff and the defendant in this case, attached the stock and fixtures in the store at 27 Arthur avenue as the property of Peter Michael. The plaintiff then brought this action of replevin.

The plaintiff testified that the first knowledge he had of his brother's transaction with the Eagle Loan Company was "after they started suing one another * * * when I knew that my brother went as comaker and signed the note I went ahead and got the property. * * * I was afraid of my money. He owed me $11,000." Peter Michael, who was a witness for the plaintiff, admitted that he generally consulted his older brother in regard to his business affairs; that he informed him about signing a note with the Eagle Loan Company perhaps "a month or two" before February...

To continue reading

Request your trial
4 cases
  • Easton v. Fessenden
    • United States
    • Rhode Island Supreme Court
    • July 16, 1940
    ...as effecting no change in that law beyond what is clearly indicated in express terms or by necessary implication. Michael v. McGovern, 56 R.I. 133, 184 A. 571. A statute is to be construed with reference to its intended scope in order to carry out the apparent objects and purposes of the le......
  • McGovern v. Michael, 8097.
    • United States
    • Rhode Island Supreme Court
    • June 6, 1939
    ...court. Judgment for the return and restoration of the goods replevied, ten cents damages and costs was thereafter entered. Michael v. McGovern, 56 R.I. 133, 184 A. 571. The replevied goods were not Later, by writ dated April 21, 1936, the present action of debt on bond was brought, in which......
  • Jarret Bros. Co., Inc. v. Carroll Worsted Mills, Inc., 1246.
    • United States
    • Rhode Island Supreme Court
    • April 24, 1936
  • McGovern v. Michael, 7895.
    • United States
    • Rhode Island Supreme Court
    • June 30, 1938
    ...of the defendant McGovern for the return and restoration of the goods replevied, ten cents damages and costs taxed at $5. Michael v. McGovern, 56 R.I. 133, 184 A. 571. The replevin bond now sued on contains the following conditions: "Now if said Assad Michael shall prosecute said writ of re......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT