Hanly v. Davis
Massachusetts Supreme Judicial Court
Tort, by the mortgagee of personal property, against an officer, for the conversion of goods attached by him as the property of the mortgagor.
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Tort, by the mortgagee of personal property, against an officer, for the conversion of goods attached by him as the property of the mortgagor. Trial in the Superior Court, before Dunbar, J., who refused to instruct the jury, as requested by the plaintiff, that he was entitled to recover in damages the value of the property at the time and place of conversion, although when converted it was of greater value than the amount due under the mortgage, and instructed them that the measure of the plaintiff’s damages was the amount due on the mortgage, with interest; and who also refused to give…
1Opinion of the CourtLathrop, J.
In the Superior Court, it appeared that a demand was duly made by the plaintiff upon the officer, which was not complied with, and that neither the defendant nor the attaching creditors paid- or tendered anything to the plaintiff, and that they did not restore the property. Judgment was rendered for the plaintiff for the amount due him from the mortgagor at the time of the attachment, and the only question which is before us is whether the plaintiff was entitled to recover the full value of the property attached by the officer, which exceeded the amount of the debt, the plaintiff having…
2Cases cited5 opinions
- Brown v. KendallMassachusetts Supreme Judicial Court · 1850
- Ditto v. GeogheganCourt of Appeals of Kentucky · 1858
- Allen v. ButmanMassachusetts Supreme Judicial Court · 1885
- West v. WhiteMassachusetts Supreme Judicial Court · 1896
- Leonard v. HairMassachusetts Supreme Judicial Court · 1882
3Cited by11 opinions
- Industrial Bankers of Massachusetts, Inc. v. Reid, Murdoch & Co.Massachusetts Supreme Judicial Court · 1937
- Morris Plan Co. v. Hillcrest Farms Dairy, Inc.Massachusetts Supreme Judicial Court · 1948
- Field v. EarlyMassachusetts Supreme Judicial Court · 1897
- Shapira v. WalkerMassachusetts Supreme Judicial Court · 1917
- Mills v. SullivanMassachusetts Supreme Judicial Court · 1916
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