Wright v. Herrick
Massachusetts Supreme Judicial Court
Tort against the sheriff of Essex for the alleged wrongful act of his deputy. After the former decision, reported 125 Mass. 154, the case was tried in the Superior Court, without a jury, before Pitman, J., who found the following facts: The plaintiffs attached certain personal property on a writ against W. W. Phillips and Edward Martin, as copartners, doing business under the name of Henry Phillips, on March 24, 1875. It was afterwards sold on mesne process, on a prior…
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Tort against the sheriff of Essex for the alleged wrongful act of his deputy. After the former decision, reported 125 Mass. 154, the case was tried in the Superior Court, without a jury, before Pitman, J., who found the following facts: The plaintiffs attached certain personal property on a writ against W. W. Phillips and Edward Martin, as copartners, doing business under the name of Henry Phillips, on March 24, 1875. It was afterwards sold on mesne process, on a prior attachment, on a writ in favor of Edward Martin against Henry Phillips, which last-named writ was never entered in court. The…
1Opinion of the CourtEndicott, J.
The facts in this case, though substantially the same, differ in some respects from those disclosed when the case was last before us. 125 Mass. 154.
It appears that, in the autumn of 1872, Henry Phillips purchased goods of Plumstead, and informed him that the business was his, and would be carried on by William W. Phillips in his name. It was not distinctly stated in the bill of exceptions, but it is to be inferred, that William W. Phillips had authority to use, and did use, his name in the purchase of goods. In the spring of 1873 the business was transferred to William W. Phillips and Edward…
2Cases cited1 opinion
- Wright v. HerrickMassachusetts Supreme Judicial Court · 1878
3Cited by3 opinions
- Travis v. Nederland Life Ins.Court of Appeals for the Eighth Circuit · 1900
- Savage v. Blackstone Beef Co.Massachusetts Supreme Judicial Court · 1915
- Rich v. CrandallMassachusetts Supreme Judicial Court · 1886