Shaw v. Kaler
Massachusetts Supreme Judicial Court
Tort for the conversion of fifty-two piano cases. At the trial in the superior court, before Heed, J., without a jury, the judge found “ that the plaintiff contracted with the defendant as foreman of George M. Guild, to make piano cases, at an agreed price for each, to be paid on delivery, Guild to furnish the material, and also bench-room for him ; that a place for his bench was assigned to him in Guild’s shop; that when the material was furnished it was taken and retained…
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Tort for the conversion of fifty-two piano cases. At the trial in the superior court, before Heed, J., without a jury, the judge found “ that the plaintiff contracted with the defendant as foreman of George M. Guild, to make piano cases, at an agreed price for each, to be paid on delivery, Guild to furnish the material, and also bench-room for him ; that a place for his bench was assigned to him in Guild’s shop; that when the material was furnished it was taken and retained by the plaintiff in the portion of the shop assigned to him; that the plaintiff owned bench and tools, and employed and…
1Opinion of the CourtAmes, J.
The case finds that the plaintiff was in the actual possession of the property under a claim of right, and that the defendant’s interference with it was the act of a mere wrongdoer. He took possession of it, not in the right of Guild, as his agent or for his benefit, but on the contrary he claimed it in his own right, under a mortgage from Guild. Of the existence of this mortgage, however, he furnished no evidence whatever. It must therefore be considered as a part of the case, that the title under which he professed to act had no existence, and that he was a mere trespasser. It has been…
2Cases cited1 opinion
- Rogers v. ArnoldNew York Supreme Court · 1834
3Cited by18 opinions
- New England Box Co. v. C & R Construction Co.Massachusetts Supreme Judicial Court · 1943
- Associates Discount Corp. v. GillineauMassachusetts Supreme Judicial Court · 1948
- Downey v. Bay State Street RailwayMassachusetts Supreme Judicial Court · 1916
- National Surety Co. v. United StatesCourt of Appeals for the Eighth Circuit · 1904
- Brewster v. WarnerMassachusetts Supreme Judicial Court · 1883
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