Devlin v. Houghton
Massachusetts Supreme Judicial Court
Tort by the administrator •With the will annexed of Ellen McLaughlin for the conversion of $9,000 “or thereabouts” which, it was alleged in the declaration, the defendant “ wrongfully, tortiously and by means of the exercise of undue influence obtained from the plaintiff’s testatrix . . . and converted to her own use.”
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Tort by the administrator •With the will annexed of Ellen McLaughlin for the conversion of $9,000 “or thereabouts” which, it was alleged in the declaration, the defendant “ wrongfully, tortiously and by means of the exercise of undue influence obtained from the plaintiff’s testatrix . . . and converted to her own use.” Writ in the Superior Court for the county of Suffolk dated May 4, 1905. The case was tried before Bond, J. The interrogatories and the answers to them, referred to in the opinion, were as follows: “ Q. What sum of money did you receive from the plaintiff’s testatrix on or about…
1Opinion of the CourtLobing, J.
This was an action of tort in which the plaintiff declared for the conversion of “ nine thousand dollars or thereabouts.” The defendant rested on the plaintiff’s evidence and asked the judge to direct the jury to return a verdict in her favor. “ During the course of the arguments objection was made by the defendant to the form of the action. Thereupon the plaintiff’s counsel stated his willingness to amend. The court ruled that the plaintiff could not recover and directed a verdict for the defendant. The ruling was made without regard to the form of the declaration.” The case comes before us…
2Cases cited2 opinions
- Hagar v. NortonMassachusetts Supreme Judicial Court · 1905
- McCabe v. MaguireMassachusetts Supreme Judicial Court · 1902
3Cited by12 opinions
- Goldston v. RandolphMassachusetts Supreme Judicial Court · 1936
- Trafton v. CusteauMassachusetts Supreme Judicial Court · 1959
- Flye v. HallMassachusetts Supreme Judicial Court · 1916
- Simmons v. BarnsMassachusetts Supreme Judicial Court · 1928
- Smith v. StrattonMassachusetts Supreme Judicial Court · 1938
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