Legal Opinion

Haskell v. Carroll

Massachusetts Supreme Judicial Court

Decided March 4, 1919Published

Tort against a deputy sheriff for the alleged conversion of one horse, fourteen cows, two calves, one buggy, one milk cart, one "traverse” sleigh, one single sleigh and one'harness. Writ dated February 11, 1916. In the Superior Court the case was referred to an auditor, who filed a report which contained the facts that are stated in the opinion. Later the case was heard by Quinn, J., without a jury.

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Tort against a deputy sheriff for the alleged conversion of one horse, fourteen cows, two calves, one buggy, one milk cart, one "traverse” sleigh, one single sleigh and one'harness. Writ dated February 11, 1916. In the Superior Court the case was referred to an auditor, who filed a report which contained the facts that are stated in the opinion. Later the case was heard by Quinn, J., without a jury. The defendant filed a motion to recommit the auditor’s report, alleging that it was wrong and ought not to be accepted for the following reasons: “ 1. Because the ruling of the auditor that the…

1Opinion of the CourtCarroll, J.

This is an action of tort for the conversion of personal property not covered by the mortgage referred to in Simmons v. Carroll, post, 428. The defendant, a deputy sheriff of Franklin County, attached the property sued for on January 31, 1916, by virtue of a writ in favor of Samuel Freedman, of Athol, against the plaintiff, a resident of Orange, Franklin County, and placed the property in the hands of a keeper, but did not remove it from the premises of the plaintiff. On February 7, 1916, the defendant went to the plaintiff’s farm and notified him that “the prior writ had been dropped,” and…

2Cases cited5 opinions

  1. Schwartz v. American Surety Co. of New YorkMassachusetts Supreme Judicial Court · 1919
  2. Porter v. WarrenMassachusetts Supreme Judicial Court · 1876
  3. Jenness v. ShrievesMassachusetts Supreme Judicial Court · 1905
  4. Shapira v. WalkerMassachusetts Supreme Judicial Court · 1917
  5. Drysdale v. WaxMassachusetts Supreme Judicial Court · 1900

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