Spooner v. Holmes
Massachusetts Supreme Judicial Court
Tort to recover the value of certain interest coupons of United States bonds, payable to bearer in gold, and alleged to nave been converted by the defendant to his own use.
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Tort to recover the value of certain interest coupons of United States bonds, payable to bearer in gold, and alleged to nave been converted by the defendant to his own use. Trial in the superior court before Reed, J., who allowed a bill of exceptions which stated the case as follows : “ The plaintiff’s evidence tended to show that the coupons in question were stolen from the plaintiff by a servant in his employ, and by that servant given to her sister, who was a servant in the family of the cashier of one of the national banks in Plymouth; and that the defendant purchased the coupons of the…
1Opinion of the CourtGray, J.
This is an action of tort, in the nature of trover, for certain coupons of United States bonds, alleged in the declaration to be the property of the plaintiff and to have been converted by the defendant to his own use. The undisputed evidence at the trial showed that the bonds had belonged to the plaintiff, and had been stolen from him, and delivered by one who received them from the thief to the defendant, and by him sold and turned into money, which he is admitted to have paid over to his principal. But the jury have found that in so doing the defendant acted only as agent of the person…
2Cases cited6 opinions
- Goodman v. SimondsSupreme Court of the United States · 1858
- Hoffman v. CarowCourt for the Trial of Impeachments and Correction of Errors · 1839
- Commonwealth v. AdamsCourt of Appeals of Kentucky · 1860
- Commonwealth v. Emigrant Industrial Savings BankMassachusetts Supreme Judicial Court · 1867
- Heckle v. LurveyMassachusetts Supreme Judicial Court · 1869
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