McAvoy v. Wright
Massachusetts Supreme Judicial Court
Two ACTIONS OF TORT for the conversion of a horse, wagon, and other articles of personal property. The cases were tried together in the Superior Court, before Blodgett, J., who allowed a bill of exceptions, in substance as follows: It appeared that the defendant Drew, who was a constable of the city of Boston, on April 15, 1882, attached the property in question upon a writ in favor of the firm of Wright Brothers and James, the other defendants, and against one Frank J.…
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Two ACTIONS OF TORT for the conversion of a horse, wagon, and other articles of personal property. The cases were tried together in the Superior Court, before Blodgett, J., who allowed a bill of exceptions, in substance as follows: It appeared that the defendant Drew, who was a constable of the city of Boston, on April 15, 1882, attached the property in question upon a writ in favor of the firm of Wright Brothers and James, the other defendants, and against one Frank J. Dempsey. The plaintiff contended, and offered evidence tending to show, that said property was sold and delivered to him by…
1Opinion of the CourtHolmes, J.
1. In order to prove that the sale to him was valid as against his seller’s creditors, the plaintiff was entitled to show that the goods were in „his possession before the attachment by the defendants, and, to that end, that the place in which they were kept was hired by him. Having shown that he hired the place before the attachment, it was competent for him to show that he paid rent afterward, in pursuance of his contract; and, although the receipt was not competent evidence of such a payment, Giles v. Wood, 3 Dane Abr. 409, yet the payment having been testified to directly, giving the…
2Cases cited3 opinions
- Byington v. SimpsonMassachusetts Supreme Judicial Court · 1883
- Elliott v. HaydenMassachusetts Supreme Judicial Court · 1870
- Lincoln v. WilburMassachusetts Supreme Judicial Court · 1878
3Cited by17 opinions
- Oulighan v. ButlerMassachusetts Supreme Judicial Court · 1905
- Refrigeration Discount Corp. v. CatinoMassachusetts Supreme Judicial Court · 1953
- Corey v. HavenerMassachusetts Supreme Judicial Court · 1902
- Savage v. BlanchardMassachusetts Supreme Judicial Court · 1889
- Brooks v. DavisMassachusetts Supreme Judicial Court · 1936
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