Baker v. Seavey
Massachusetts Supreme Judicial Court
Tort, for the conversion of personal property. Writ dated March 21,1890. Trial in the Superior Court, before SopJeitis, J., who allowed a bill of exceptions, which, so far as material, is as follows.
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Tort, for the conversion of personal property. Writ dated March 21,1890. Trial in the Superior Court, before SopJeitis, J., who allowed a bill of exceptions, which, so far as material, is as follows. The defendant, a deputy sheriff of the county of Suffolk, on January 15, 1890, attached certain furniture and fixtures in a restaurant at 737 Washington Street in Boston, as the property of the Boston Café Company, in an action brought against it by the Smith and Anthony Stove Company, and in his return on the writ stated that he had “attached certain goods and chattels as the property of the ”…
1Opinion of the CourtAllen, J.
1. The plaintiff, by reason of the equitable assignment of the first mortgage to him, acquired a right which to some extent a court of law will recognize and protect; but such an equitable assignment will not entitle him to maintain an action at law in his own name for the conversion of the property, and the jury should have been so instructed, %in conformity to the defendant’s second request. Crain v. Paine, 4 Cush. 483. Norton v. Piscataqua Ins. Co. 111 Mass. 532. Rogers v. Union Stone Co. 134 Mass. 31. Moore v. Spiegel, 143 Mass. 413. Coulter v. Haynes, 146 Mass. 458. Such action can only…
2Cases cited17 opinions
- Bradley v. FullerMassachusetts Supreme Judicial Court · 1875
- Moore v. SpiegelMassachusetts Supreme Judicial Court · 1887
- Ring v. NealeMassachusetts Supreme Judicial Court · 1873
- Clement v. British American Assurance Co.Massachusetts Supreme Judicial Court · 1886
- Norton v. Piscataqua Fire & Marine InsuranceMassachusetts Supreme Judicial Court · 1873
12 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Barnes v. Berkshire Street Railway Co.Massachusetts Supreme Judicial Court · 1932
- Kean v. National City BankCourt of Appeals for the Sixth Circuit · 1923
- Abbott v. BeanMassachusetts Supreme Judicial Court · 1936
- Shipley v. Meadowbrook Club, Inc.Court of Appeals of Maryland · 2001
- Atherton v. EmersonMassachusetts Supreme Judicial Court · 1908
16 more not listed; retrieve them via the Exa API.