Legal Opinion

Stone v. Jenkins

Massachusetts Supreme Judicial Court

Decided September 6, 1900PublishedCited by 6 opinions

Tort, by the trustee of the estate of a bankrupt, under U. S. St. July 1, 1898, for the conversion of nine horses, the property of the bankrupt. The horses were attached within four months next prior to the filing of the petition and to the adjudication in bankruptcy.

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Tort, by the trustee of the estate of a bankrupt, under U. S. St. July 1, 1898, for the conversion of nine horses, the property of the bankrupt. The horses were attached within four months next prior to the filing of the petition and to the adjudication in bankruptcy. At the trial in the Superior Court, before Hopkins, J., the defendant requested rulings that upon all the evidence the plaintiff could not recover, and that having been discharged as trustee, and the estate having been closed up and settled, he could not maintain the action. The defendant also asked a ruling that, if the…

1Opinion of the CourtMorton, J.

This is an action of tort by the plaintiff, as trustee in bankruptcy of one Morris, to recover for the conversion of certain horses, in some of which, when he was adjudged bankrupt, Morris had a special property, and of others of which he was the general owner. Before the trial, Morris had made an offer of composition which had been confirmed, and an order had been made discharging the trustee and closing the affairs of the estate. At the trial, the defendant asked certain rulings, *545which were refused. There was a verdict for the plaintiff; and the case is here on the defendant’s exceptions to…

2Cases cited5 opinions

  1. Mayhew v. PentecostMassachusetts Supreme Judicial Court · 1880
  2. Herring v. DowningMassachusetts Supreme Judicial Court · 1888
  3. Commonwealth v. Inhabitants of PhillipsburgMassachusetts Supreme Judicial Court · 1813
  4. Cutts v. ParsonsMassachusetts Supreme Judicial Court · 1807
  5. Holten v. CookMassachusetts Supreme Judicial Court · 1815

3Cited by6 opinions

  1. Arwshan v. MeshakaMassachusetts Supreme Judicial Court · 1934
  2. Greenall v. HersumMassachusetts Supreme Judicial Court · 1915
  3. Oilfields Syndicate v. American Improvement Co.Court of Appeals for the Ninth Circuit · 1919
  4. In re Becker Bros.District Court, M.D. Pennsylvania · 1905
  5. Kresel v. GoldbergSupreme Court of Connecticut · 1930

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