Greenall v. Hersum
Massachusetts Supreme Judicial Court
Tort for the conversion of certain household goods and wearing apparel. Writ dated June 25, 1913. In the Superior Court the case was tried before Lawton, J. There was evidence tending to show that on December 13, 1911, the plaintiff placed the goods in storage with the defendants, stating to them at the time that he “had some domestic trouble with his wife,” and instructing them “not to deliver the goods to any one but the plaintiff and particularly not to the plaintiff’s…
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Tort for the conversion of certain household goods and wearing apparel. Writ dated June 25, 1913. In the Superior Court the case was tried before Lawton, J. There was evidence tending to show that on December 13, 1911, the plaintiff placed the goods in storage with the defendants, stating to them at the time that he “had some domestic trouble with his wife,” and instructing them “not to deliver the goods to any one but the plaintiff and particularly not to the plaintiff’s wife.” It appeared that on November 5, 1912, the plaintiff was adjudicated a bankrupt, that on January 14, 1913, Lloyd…
1Opinion of the CourtBraley, J.
The jury would have been warranted in finding upon conflicting testimony that the defendants as bailees upon demand by the plaintiff failed to deliver the goods which they had received for storage because of a previous delivery to his wife, and as they further could find that she acted without his authority there was a conversion which ordinarily would entitle him to recover damages, and the fifth ruling requested could not have been given. Lorain Steel Co. v. Norfolk & Bristol Street Railway, 187 Mass. 500, 506. Wright & Colton Wire Cloth Co. v. Warren, 177 Mass. 283.
But, the plaintiff…
2Cases cited8 opinions
- Dushane v. BeallSupreme Court of the United States · 1896
- Lorain Steel Co. v. Norfolk & Bristol Street Railway Co.Massachusetts Supreme Judicial Court · 1905
- Syndicate v. GuttentagMassachusetts Supreme Judicial Court · 1901
- Mayhew v. PentecostMassachusetts Supreme Judicial Court · 1880
- Herring v. DowningMassachusetts Supreme Judicial Court · 1888
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Refrigeration Discount Corp. v. CatinoMassachusetts Supreme Judicial Court · 1953
- Cunningham v. Commissioner of BanksMassachusetts Supreme Judicial Court · 1924
- Fauci v. MulreadyMassachusetts Supreme Judicial Court · 1958
- Lawyers Mortgage Investment Corp. v. Paramount Laundries Inc.Massachusetts Supreme Judicial Court · 1934
- O. K. Transfer & Storage Co. v. NeillSupreme Court of Oklahoma · 1916
5 more not listed; retrieve them via the Exa API.