Day v. Bassett
Massachusetts Supreme Judicial Court
Tort against Bassett and Joab S. Holt for breaking and entering a mill occupied by the plaintiff, taking and carrying away a shaft, and interrupting thereby the plaintiff’s business.
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Tort against Bassett and Joab S. Holt for breaking and entering a mill occupied by the plaintiff, taking and carrying away a shaft, and interrupting thereby the plaintiff’s business. Trial in the superior court, before Reed, J., who allowed the following bill of exceptions: “ The plaintiff offered evidence tending to show that the defendants, with force and violence, broke and entered the plaintiff’s close described in his writ, and, with force and violence, took and earned away the shaft in question; and that by reason thereof his business was interrupted, and he suffered damage thereby to a…
1Opinion of the CourtChapman, C. J.
It appears that Holt, being the owner of the shaft which is the subject of controversy, sold and delivered it to Henry for $31.20, receiving $10 as part payment; that it was agreed that it should remain the property of Holt till it was paid for; and that Henry took it and put it into the mill in his occupation, and connected it with the machinery, and it continued to be used with the machinery. It is implied by the statement of the case that this was with the consent of Holt. But as no time of payment appears to have been fixed, it is implied that payment was to be made on demand. Henry would…
2Cited by22 opinions
- Crompton v. PrattMassachusetts Supreme Judicial Court · 1870
- Dame v. C. H. Hanson & Co.Massachusetts Supreme Judicial Court · 1912
- Gwin v. Emerald Co.Supreme Court of Alabama · 1918
- Robinson v. BirdMassachusetts Supreme Judicial Court · 1893
- Hyland v. HylandMassachusetts Supreme Judicial Court · 1932
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