Swallow v. Emery
Massachusetts Supreme Judicial Court
Two ACTIONS OF TOBT, the first against Emery for the conversion of a wagon; the second against Ripley, for the conversion of a pair of harnesses. The cases were tried together in the Superior Court, before Rockwell, J., who allowed the following bill of exceptions: “ It was admitted that a demand was made upon the defendants by the plaintiff before action, and a refusal was made by them. The defendants denied the conversion, and alleged that the property was in themselves.
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Two ACTIONS OF TOBT, the first against Emery for the conversion of a wagon; the second against Ripley, for the conversion of a pair of harnesses. The cases were tried together in the Superior Court, before Rockwell, J., who allowed the following bill of exceptions: “ It was admitted that a demand was made upon the defendants by the plaintiff before action, and a refusal was made by them. The defendants denied the conversion, and alleged that the property was in themselves. “ The plaintiff, who was the owner of the property, in December 1870, agreed to sell to one Waby two horses, a wagon and…
1Opinion of the CourtChapman, C. J.
It appears that the plaintiff delivered the horses, wagon and harnesses to Waby to be used, and under a contract of sale when the stipulated price should be paid. The price was to be a gross sum for the whole property, and payable in labor. The articles were to remain the property of the plaintiff till the whole amount should be paid. After the payment, the plaintiff was to give Waby a bill of sale. The loss of one of thi *357horses, by its death without any fault on the part of Waby, was the plaintiff’s loss, and disabled him from performing the contract on his part. Nor would he be entitled to…
2Cited by11 opinions
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- Package Confectionery Co. v. PerkitMassachusetts Supreme Judicial Court · 1933
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