Legal Opinion

Duggan v. Wright

Massachusetts Supreme Judicial Court

Decided October 20, 1892PublishedCited by 18 opinions

Tort. The declaration was as follows: “And the plaintiff says that the defendant has converted to his own use one meat cart, one spring wagon, one meat box-sleigh, the property of the plaintiff.” The defendant, a deputy sheriff, justified under a writ against the husband of the plaintiff, upon which he attached the property. Trial in the Superior Court, before Dewey, J., who allowed a bill of exceptions in substance as follows.

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Tort. The declaration was as follows: “And the plaintiff says that the defendant has converted to his own use one meat cart, one spring wagon, one meat box-sleigh, the property of the plaintiff.” The defendant, a deputy sheriff, justified under a writ against the husband of the plaintiff, upon which he attached the property. Trial in the Superior Court, before Dewey, J., who allowed a bill of exceptions in substance as follows. The plaintiff claimed the property by virtue of an assignment of a mortgage, which mortgage had been given by her husband to one Burke before her marriage, and by…

1Opinion of the CourtBarker, J.

1. The declaration was in the form prescribed by the Pub. Sts. c. 167, § 91, for trover, and is sufficient to allow proof of all the facts necessary to maintain an action of that nature. The allegation that the defendant has converted the plaintiff's property to his own use is not an allegation of a conclusion of law, but of a fact which may be described as composite, and it allows evidence to be introduced of all such unjustified dealing with the property named as may tend to show a wrongful taking and disposal of it to the prejudice of the plaintiff’s rights. Wells v. Connable, 138 Mass.…

2Cases cited2 opinions

  1. Wells v. ConnableMassachusetts Supreme Judicial Court · 1885
  2. Robinson v. SpragueMassachusetts Supreme Judicial Court · 1878

3Cited by18 opinions

  1. McDonald v. Hartford Trust Co.Supreme Court of Connecticut · 1926
  2. Gordon v. O'BrienMassachusetts Supreme Judicial Court · 1947
  3. Edinburg v. Allen-Squire Co.Massachusetts Supreme Judicial Court · 1938
  4. Macklin v. MacklinMassachusetts Supreme Judicial Court · 1944
  5. Smith v. SmithMassachusetts Supreme Judicial Court · 1943

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