Clapp v. Campbell
Massachusetts Supreme Judicial Court
TORT, with a count in contract, both counts being alleged to be for the same cause of action. Writ dated February 5, 1876. Trial in the Superior Court, before 'Brigham, C. J., who directed a verdict for the plaintiff, and reported the case for the determination of this court, The material facts appear in the opinion.
1Opinion of the CourtMorton, J.
This report presents a complicated state of facts, but, so far as material to the questions now necessary to decide, they are substantially as follows :
The action is tort, brought by the third mortgagee of personal property against an officer for a conversion of the property, with an alternative count in contract for money had and received, stated to be for the same cause of action. The property was formerly owned by Chauncey F. Clapp and Eunice E. Clark. On October 6,1878, they mortgaged it to the plaintiff and Levi Perkins; on December 12, 1873, they made a second mortgage to one Lambie ;…
2Cases cited2 opinions
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3Cited by11 opinions
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- Baker v. SeaveyMassachusetts Supreme Judicial Court · 1895
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