Carter v. Kingman
Massachusetts Supreme Judicial Court
Tort for the conversion of household furniture. At the trial in the superior court, before Putnam, J., the plaintiff offered evidence tending to prove that on March 6,1868, he, being then the owner of the furniture, delivered it to George F. Clark at the house of the latter in Charlestown, under a written agreement signed by Clark, which contained an acknowledgment that he had “leased and received” the furniture from the plaintiff, to be paid for in payments of $10 a week,…
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Tort for the conversion of household furniture. At the trial in the superior court, before Putnam, J., the plaintiff offered evidence tending to prove that on March 6,1868, he, being then the owner of the furniture, delivered it to George F. Clark at the house of the latter in Charlestown, under a written agreement signed by Clark, which contained an acknowledgment that he had “leased and received” the furniture from the plaintiff, to be paid for in payments of $10 a week, and also the following provision: “ For the rent and use of which I promise to pay him [the plaintiff] or his order, the…
1Opinion of the CourtChapman, C. J.
It appears that Clark received the goods from the plaintiff with the right to use them at the place mentioned, and that they were to become his on the fulfilment of certain conditions. Among these conditions were the following, namely, that he was “ not to sell, convey, underlet or remove the articles from where they are leased, without first getting the consent” of the plaintiff, and the property was not to become his till he paid for it. By the sale and delivery of the property to the defendant in violation of these conditions, he did not vest in the defendant any right to it as against the…
2Cases cited1 opinion
- Day v. BassettMassachusetts Supreme Judicial Court · 1869
3Cited by18 opinions
- Omaha & Grant Smelting & Refining Co. v. TaborSupreme Court of Colorado · 1889
- Refrigeration Discount Corp. v. CatinoMassachusetts Supreme Judicial Court · 1953
- Velsian v. LewisOregon Supreme Court · 1888
- Donahue v. ShippeeSupreme Court of Rhode Island · 1887
- McRea v. MerrifieldSupreme Court of Arkansas · 1886
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