Legal Opinion

White v. Allen

Massachusetts Supreme Judicial Court

Decided October 2, 1882PublishedCited by 9 opinions

Tort for the conversion of fifty hides of leather, with a count in contract for money had and received. The case was submitted to the Superior Court upon agreed facts, in substance as follows: Charles Byrt died intestate on March 25, 1881, and the plaintiff was appointed administrator of his estate on October 4,1881. The defendant is the surviving partner of the firm of T. H. Allen & Brother.

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Tort for the conversion of fifty hides of leather, with a count in contract for money had and received. The case was submitted to the Superior Court upon agreed facts, in substance as follows: Charles Byrt died intestate on March 25, 1881, and the plaintiff was appointed administrator of his estate on October 4,1881. The defendant is the surviving partner of the firm of T. H. Allen & Brother. The plaintiff’s intestate was a tanner and currier, and, in February 1881, the defendant’s firm sent to him fifty hides to be by him tanned, curried and sold, and, out of the proceeds derived from the…

1Opinion of the CourtDevens, J.

The contract between the plaintiff’s intestate and the defendant’s firm is not to be deemed one so personal in its character that it was determined by the death of the intestate. It could have been completed by the administrator, by finishing the tanning and currying and selling the skins, belonging to the firm, upon the terms agreed. The work having been in fact completed by the firm and the skins sold, the question is as to the damages that the plaintiff may recover. Where one has a special property in a chattel, or a lien thereon, he may in some instances recover its full value against a…

2Cases cited3 opinions

  1. Spoor v. Holland & HarlowNew York Supreme Court · 1832
  2. King v. BangsMassachusetts Supreme Judicial Court · 1876
  3. Burdict v. MurraySupreme Court of Vermont · 1830

3Cited by9 opinions

  1. Watson v. Stockton Morris Plan Co.California Court of Appeal · 1939
  2. Barrett v. TowneMassachusetts Supreme Judicial Court · 1907
  3. California Cured Fruit Ass'n v. AinsworthCalifornia Supreme Court · 1901
  4. Mills v. SmithMassachusetts Supreme Judicial Court · 1906
  5. West v. WhiteMassachusetts Supreme Judicial Court · 1896

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