Desmond v. Young
Massachusetts Supreme Judicial Court
Two actions, the first being replevin of certain personal property, consisting of the stock in trade in a grocery and meat market in Malden, and the second being tort for the conversion of other articles of property used in the business. Writs dated March 6, 1897. The cases were tried together in the Superior Court, before Fessenden, J., who directed the jury to return a verdict for the defendant in each case ; and the plaintiffs alleged exceptions.
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Two actions, the first being replevin of certain personal property, consisting of the stock in trade in a grocery and meat market in Malden, and the second being tort for the conversion of other articles of property used in the business. Writs dated March 6, 1897. The cases were tried together in the Superior Court, before Fessenden, J., who directed the jury to return a verdict for the defendant in each case ; and the plaintiffs alleged exceptions. The facts appear in the opinion.
1Opinion of the CourtLathrop, J.
1. The question in the first case is whether, on the evidence, the business was carried on by the plaintiff on her separate account. If this question is answered in the affirmative, then the stock in trade was liable to be attached by her husband’s creditors, as no certificate was filed by her as required by the Pub. Sts. c. 147, § 11. According to the testimony given by the plaintiff and her witnesses, she had the absolute ownership of the contents of the shop and its earnings, while the business was ostensibly carried on in the name of her husband. One McMahon testified that, after the…
2Cases cited7 opinions
- Snow v. SheldonMassachusetts Supreme Judicial Court · 1879
- Wheeler v. RaymondMassachusetts Supreme Judicial Court · 1881
- Wallace v. BartlettMassachusetts Supreme Judicial Court · 1871
- Feran v. RudolphsenMassachusetts Supreme Judicial Court · 1871
- Proper v. CobbMassachusetts Supreme Judicial Court · 1870
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3Cited by5 opinions
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- Remmer v. GouldMassachusetts District Court, Appellate Division · 1940