Leach v. Eastman
Massachusetts Supreme Judicial Court
Two actions, one of contract or tort against M. Frank Eastman, a deputy sheriff, for money retained by him as charges out of the proceeds of a sale on execution, and the other by Eastman against the plaintiff in the first action for further charges for keeper’s fees and custody of property under an alleged agreement. Writs dated respectively April 28 and May 11,1901. In the Superior Court the cases were tried together before Hardy, J., without a jury.
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Two actions, one of contract or tort against M. Frank Eastman, a deputy sheriff, for money retained by him as charges out of the proceeds of a sale on execution, and the other by Eastman against the plaintiff in the first action for further charges for keeper’s fees and custody of property under an alleged agreement. Writs dated respectively April 28 and May 11,1901. In the Superior Court the cases were tried together before Hardy, J., without a jury. The judge made the ruling stated by the court and ordered a verdict for the plaintiff in the first case in the sum of $265.22 and a verdict for…
1Opinion of the CourtLoring, J.
The first of these two actions is an action to recover from a deputy sheriff the balance of a sum of money collected by him on an execution in favor of the plaintiff against the Leach Motor Vehicle Company. The balance sued for was retained by the deputy sheriff as partial payment of money due in part under an alleged oral agreement, by which the defendant had agreed to pay him for keeper’s fees and custody beyond the *145ten days specified in Pub. Sts. e.,199, § 6. The second action is brought by the deputy sheriff to recover the amount due in part under said alleged agreement after deducting…
2Cases cited3 opinions
- Cutter v. HoweMassachusetts Supreme Judicial Court · 1877
- C. B. Rogers & Co. v. SimmonsMassachusetts Supreme Judicial Court · 1892
- Studley v. BallardMassachusetts Supreme Judicial Court · 1897
3Cited by1 opinion
- Farmers Union Milling & Elevator Co. v. SmithSupreme Court of Colorado · 1926