Robinson v. Berry

• Decision Date: 07 December 1899
• Citation: 93 Me. 320,45 A. 34
• Parties: ROBINSON et al. v. BERRY.
• Court: Maine Supreme Court

45 A. 34

93 Me. 320

ROBINSON et al.

v. BERRY.

Supreme Judicial Court of Maine.

Dec. 7, 1899.

(Official.)

Agreed statement from supreme judicial court, York county.

Action by Charles H. Robinson and others against Jesse W. Berry. Submitted on agreed statement of facts. Judgment for plaintiffs.

Argued before EMERY, HASKELL, WISWELL, STROUT, SAVAGE, and FOGLER, JJ.

G. W. Hanson, for plaintiffs.

J. S. Derby and J. O. Bradbury, for defendant.

SAVAGE, J. Replevin of certain articles of household furniture, which were received by the defendant from the plaintiffs under an agreement in writing, signed by the defendant, dated March 1, 1898. This agreement, after reciting a receipt and "hiring" of the furniture, contains, among others, the following provisions:

"For the use of the abovementioned articles I agree to pay to the said C. H. Robinson & Co., their representatives and assigns, the following rent, and at the terms stated below, viz.: Fifteen dollars upon the signing of this agreement, and twelve 50/100 dollars per month thereafter, entire amount to be paid by October 1, 1898. The above articles to be used by me at Pittsfield, N. H. * * * But, in case of failure to pay said rent as aforesaid, the said C. H. Robinson & Co., or their agents, may, without demand or notice, or being deemed guilty of trespass or tort, and without thereby rendering themselves liable to refund any sums received by them as rent aforesaid, enter any house or place where said articles may be, and examine or take possession of and remove said articles therefrom. * * * I further agree that, so long as said rent shall be payable as aforesaid, I will not injure, sell, mortgage, or relet the said articles, or remove the same from the abovementioned place; and that, in case of failure to pay said rent, I will, on demand, return said articles to the said C. H. Robinson & Co., or their legal representatives. It is expressly agreed that the title to each and all of the above goods and articles * * * remains in C. H. Robinson & Co., and they remain absolute owner of the same until the full price for all the goods in all such leases are fully paid. But that upon full payment to the said C. H. Robiuson & Co. the prices named in all the leases, * * *they will release their claim in and for the goods leased to me."

The agreement also provides that, if the "articles" should be taken possession of by the plaintiffs for nonpayment of rent, they might be sold on defendant's account.

It is admitted that at the time of the execution of the agreement the defendant was a minor, married, and living at Pittsfield, N. H., and that he is still under age; that he paid $15 at the time the contract was made, and never made any further payment; that he afterwards removed the goods from Pittsfield to Springvale, Me., without the written consent of the plaintiffs; and that, after demand, the goods were taken upon this replevin writ, which is dated June 10, 1898.

The defendant, after the appointment of a...