O'Brien v. McSherry
Massachusetts Supreme Judicial Court
Tort for the alleged conversion of a piano belonging to the plaintiff. Writ dated May 25, 1914. The defendant’s answer contained a general denial and also set up the statute of limitations, alleging that the cause of action mentioned in the plaintiff’s writ did not accrue within six years before the suing out of the writ. In the Superior Court ,the case was tried before Wait, J., with- ■ out a jury.
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Tort for the alleged conversion of a piano belonging to the plaintiff. Writ dated May 25, 1914. The defendant’s answer contained a general denial and also set up the statute of limitations, alleging that the cause of action mentioned in the plaintiff’s writ did not accrue within six years before the suing out of the writ. In the Superior Court ,the case was tried before Wait, J., with- ■ out a jury. At the close of the evidence, which disclosed the facts that are stated in the opinion, the defendant asked the judge to make the following rulings: “1. Upon all the testimony the plaintiff cannot…
1Opinion of the CourtPierce, J.
The dealer’s bill of sale operated to transfer a valid title to the piano to the plaintiff although the only consideration therefor moved from the husband. Brown v. Brown, 174 Mass. 197, 199. She left the house of her husband in 1900, and during the same year the Probate Court decreed to her separate support. Thereupon she made a written demand upon her husband for the piano, but he refused to deliver it up to her. She was rightly advised that no action at law would lie against her husband, and the case at bar does not require us to consider what remedies, if any, equity afforded.
The piano…
2Cases cited6 opinions
- First Massachusetts Turnpike Corp. v. FieldMassachusetts Supreme Judicial Court · 1807
- Manufacturers' National Bank v. PerryMassachusetts Supreme Judicial Court · 1887
- Brown v. BrownMassachusetts Supreme Judicial Court · 1899
- Sturgis v. PrestonMassachusetts Supreme Judicial Court · 1883
- Adams v. Inhabitants of IpswichMassachusetts Supreme Judicial Court · 1875
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3Cited by16 opinions
- Stetson v. FrenchMassachusetts Supreme Judicial Court · 1947
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- Lawyers Mortgage Investment Corp. v. Paramount Laundries Inc.Massachusetts Supreme Judicial Court · 1934
- Maloney v. BrackettMassachusetts Supreme Judicial Court · 1931
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