Rea v. Simmons
Massachusetts Supreme Judicial Court
Contract, to recover the value of a watch, chain, pencil, watch-key, and pocket-book with contents, against the defendants, as bailees of the goods; with a count in tort for the conversion of said goods. Trial in the Superior Court, without a jury, before Mason, J., who reported the case for the determination of this court, in substance as follows: The defendants are partners, and do a large ready-made and custom-made clothing business at their shop in Boston.
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Contract, to recover the value of a watch, chain, pencil, watch-key, and pocket-book with contents, against the defendants, as bailees of the goods; with a count in tort for the conversion of said goods. Trial in the Superior Court, without a jury, before Mason, J., who reported the case for the determination of this court, in substance as follows: The defendants are partners, and do a large ready-made and custom-made clothing business at their shop in Boston. A large and long room in said shop on the ground floor is devoted specially to the custom-made department. In one corner of this room,…
1Opinion of the CourtGardner, J.
This case is reported to this court, “ for its opinion upon the questions of law involved.” No specific questions of law are stated in the report, nor does it appear that any were raised at the trial. The issue between the parties was upon the first count. The facts material to this issue were found in favor of the defendants. The decision of the presiding judge upon the evidence was conclusive. It does not appear from the report that there was any error of law in the finding and judgment of the Superior Court. Fox v. Adams Express Co. 116 Mass. 292. Clark v. Burns, 118 Mass. 275.
Judgment…
2Cases cited2 opinions
- Clark v. BurnsMassachusetts Supreme Judicial Court · 1875
- Fox v. Adams Express Co.Massachusetts Supreme Judicial Court · 1874
3Cited by2 opinions
- Bunnell v. . SternNew York Court of Appeals · 1890
- Bunnell v. SternNew York Court of Common Pleas · 1888