McCaffrey v. Carter
Massachusetts Supreme Judicial Court
Tort for the conversion of 40 machinist’s tools. Writ dated October 17, 1876. Answer, that the tools were part of a large number, converted at one time by one act, for which conversion the plaintiff had recovered judgment against the defendant, which had been paid.
Read the full summary
Tort for the conversion of 40 machinist’s tools. Writ dated October 17, 1876. Answer, that the tools were part of a large number, converted at one time by one act, for which conversion the plaintiff had recovered judgment against the defendant, which had been paid. At the trial in the Superior Court, before Gf-ardner, J., it appeared that the plaintiff had occupied for two years a building, belonging to the defendant, as a machine shop; that about April 20,1874, the defendant took possession of the premises under mortgages which covered most of the personal property therein, and excluded the…
1Opinion of the CourtLord, J.
The general principle, that there is but one cause of action by reason of the conversion of various chattels at the same time, is admitted by the plaintiff. His claim is that, in a former action for the same conversion, the defendant fraudulently concealed the fact that the chattels, for the value of which this suit was brought, had been concealed by the defendant, who had fraudulently prevented the plaintiff from ascertaining the fact by refusing to allow him to examine the articles taken. It is not necessary to consider whether any refusal by the defendant to allow access to his building by…
2Cases cited1 opinion
- Folsom v. ClemenceMassachusetts Supreme Judicial Court · 1876
3Cited by12 opinions
- Bliss v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1894
- Vasu v. Kohlers, Inc.Ohio Supreme Court · 1945
- Canning v. ShippeeMassachusetts Supreme Judicial Court · 1923
- Magaw v. BealsMassachusetts Supreme Judicial Court · 1930
- Thisler v. MillerSupreme Court of Kansas · 1894
7 more not listed; retrieve them via the Exa API.