Doyle v. Peerless Motor Car Co.
Massachusetts Supreme Judicial Court
Tort for conversion of a motor car. Writ dated September 19, 1913. In the Superior Court the action was tried before King, J. There was evidence tending to show that the motor car was purchased by the plaintiff as a used car from the defendant in the autumn of 1912; that at the time of delivery there still was some work to be done upon it by the defendant to put it into condition; that the plaintiff, being in haste to use the car, did not wait for that work to be done,…
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Tort for conversion of a motor car. Writ dated September 19, 1913. In the Superior Court the action was tried before King, J. There was evidence tending to show that the motor car was purchased by the plaintiff as a used car from the defendant in the autumn of 1912; that at the time of delivery there still was some work to be done upon it by the defendant to put it into condition; that the plaintiff, being in haste to use the car, did not wait for that work to be done, arranging to bring the car back at his convenience, when the defendant would do the things that it had agreed to do. In June,…
1Opinion of the CourtBraley, J.
The defendant on delivery and acceptance of the car, as the jury could find, for the purpose of making repairs when their extent and nature had been ascertained and the order had been given by the plaintiff and owner, engaged, whether the repairs were or were not made, to return the car or to deliver it to some third person with the owner’s express or implied consent. Castle v. Mayer, 217 Mass. 38. Stevens v. Stewart-Warner Speedometer Corp. 223 Mass. 44. Fingold v. Schacter, 223 Mass. 274. “And a delivery to an unauthorized person is as much a conversion as would be a sale of the property,…
2Cases cited9 opinions
- Barrie v. QuinbyMassachusetts Supreme Judicial Court · 1910
- Stevens v. Stewart-Warner Speedometer Corp.Massachusetts Supreme Judicial Court · 1916
- Murray v. Postal Telegraph-Cable Co.Massachusetts Supreme Judicial Court · 1911
- Conners Bros. v. SullivanMassachusetts Supreme Judicial Court · 1915
- Fay v. HuntMassachusetts Supreme Judicial Court · 1906
4 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Commonwealth v. DyerMassachusetts Supreme Judicial Court · 1922
- Rourke v. Cadillac Automobile Co.Massachusetts Supreme Judicial Court · 1929
- Whitman v. Boston Terminal Refrigerating Co.Massachusetts Supreme Judicial Court · 1919
- Potomac Ins. Co. v. NicksonUtah Supreme Court · 1924
- Marron v. BohannanSupreme Court of Connecticut · 1926
7 more not listed; retrieve them via the Exa API.