Bigelow v. Capen
Massachusetts Supreme Judicial Court
Tort, against a deputy of the sheriff of Norfolk, for the conversion of certain personal property. The answer contained a general denial, and alleged that the defendant attached the property by virtue of a writ in favor of R. F. M. Atwood against William Burleigh, returnable to the Superior Court, which action was duly entered and is now pending.
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Tort, against a deputy of the sheriff of Norfolk, for the conversion of certain personal property. The answer contained a general denial, and alleged that the defendant attached the property by virtue of a writ in favor of R. F. M. Atwood against William Burleigh, returnable to the Superior Court, which action was duly entered and is now pending. Trial in the Superior Court, before Staples, J., who allowed a bill of exceptions, in substance as follows; On October 1, 1885, William Burleigh executed to the plaintiff a mortgage of the property in question, which was duly recorded on October 3,…
1Opinion of the CourtDeyens, J.
Parol proof of extrinsic circumstances may be admitted to apply a description to the subject matter of a contract. If it appears that the description is not in all respects accurate, it may to a certain extent be rejected, and what remains alone regarded, if that be sufficient to identify it. Pierce v. Parker, 4 Met. 80. Hall v. Tufts, 18 Pick. 455. Baxter v. McIntire, 13 Gray, 168.
Where a note described in a mortgage of personal property has been renewed, this fact may be shown, and the security applied to the note as thus renewed. Barrows v. Turner, 50 Maine, 127. Conversely, where there…
2Cases cited2 opinions
- Hayes v. GoodwinCourt of Appeals of Kentucky · 1862
- Clark v. DearbornMassachusetts Supreme Judicial Court · 1869
3Cited by7 opinions
- Shay v. GagneMassachusetts Supreme Judicial Court · 1931
- Phœnix Assurance Co. v. BoyetteSupreme Court of Arkansas · 1905
- Ashcroft v. SimmonsMassachusetts Supreme Judicial Court · 1890
- Westgrove Savings Bank v. Osa DunlavySupreme Court of Iowa · 1921
- Magnifico v. NicholsonMassachusetts Supreme Judicial Court · 1928
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