Long v. Drew
Massachusetts Supreme Judicial Court
Tort, brought by a married woman. The declaration contained two counts; the first in the nature of trespass for entering the plaintiff’s store, and hindering her in the carrying on of her business ; the second, for the conversion of certain provisions and groceries named in a schedule annexed. The defendant justified as a constable making an attachment on a writ, in which Daniel F. Long, the plaintiff’s husband, was defendant, and one Benjamin Johnson, plaintiff.
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Tort, brought by a married woman. The declaration contained two counts; the first in the nature of trespass for entering the plaintiff’s store, and hindering her in the carrying on of her business ; the second, for the conversion of certain provisions and groceries named in a schedule annexed. The defendant justified as a constable making an attachment on a writ, in which Daniel F. Long, the plaintiff’s husband, was defendant, and one Benjamin Johnson, plaintiff. At the trial in the Superior Court, before Devens, J., there was testimony that the husband had been engaged for some years prior…
1Opinion of the CourtColt, J.
The plaintiff contends that her property employed in business is protected, as against an attaching creditor of her husband, by a certificate duly filed under the requirements of St. 1862, c. 198. The form of the certificate is in substantial compliance with the statute. Harriman v. Gray, 108 Mass. 229. Cahill v. Campbell, 105 Mass. 40.
The court was asked to instruct the jury that the plaintiff was not entitled to this protection, if the certificate contained a false statement within her knowledge, or if there had been an intermingling of her property with the property of her husband. These…
2Cases cited2 opinions
- Cahill v. CampbellMassachusetts Supreme Judicial Court · 1870
- Harriman v. GrayMassachusetts Supreme Judicial Court · 1871
3Cited by5 opinions
- Cornell-Andrews Smelting Co. v. Boston & Providence RailroadMassachusetts Supreme Judicial Court · 1913
- Leonard v. TaylorMassachusetts Supreme Judicial Court · 1944
- Capodilupo v. F. W. Stock & SonsMassachusetts Supreme Judicial Court · 1921
- Boyle v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1911
- Smith v. RentzNew York Supreme Court · 1891