Congress Investment Co. v. Reid
Massachusetts Supreme Judicial Court
Tort by the Congress Investment Company, a corporation, against Robert Reid, a constable of the city of Boston, for the alleged conversion of certain goods and chattels covered by a mortgage held by the plaintiff and attached by the defendant in an action brought by one Charles P. George- against Raymond Hayes, the mortgagor, the plaintiff alleging that it gave to the defendant as the attaching officer a just and true account in writing of the debt due to it under the…
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Tort by the Congress Investment Company, a corporation, against Robert Reid, a constable of the city of Boston, for the alleged conversion of certain goods and chattels covered by a mortgage held by the plaintiff and attached by the defendant in an action brought by one Charles P. George- against Raymond Hayes, the mortgagor, the plaintiff alleging that it gave to the defendant as the attaching officer a just and true account in writing of the debt due to it under the mortgage in compliance with the provisions of R. L. c. 167, §§ 69, 70. Writ in the Municipal Court of the City of Boston dated…
1Opinion of the CourtHammond, J.
Two notices were given, the first on September 24,1907, and the second on October 22 of the same year. At the trial it appeared that the mortgage named in the first notice did not apply to the goods under attachment, and that the amount stated in the notice was not a just and true account of the amount due the mortgagee; and therefore, in consonance with the contention of the defendant and the concession of the plaintiff, the judge ruled that the notice was bad. The case was submitted to the jury upon the validity of the second notice.
Inasmuch as the plaintiff did not contend that the first…
2Cases cited3 opinions
- Cabell v. Cabell's AdministratorCourt of Appeals of Kentucky · 1858
- Ditto v. GeogheganCourt of Appeals of Kentucky · 1858
- Clark v. DearbornMassachusetts Supreme Judicial Court · 1869
3Cited by3 opinions
- Magnifico v. NicholsonMassachusetts Supreme Judicial Court · 1928
- Demers v. WinslowMassachusetts Supreme Judicial Court · 1925
- Springfield Acceptance Co. v. LarounisMassachusetts District Court, Appellate Division · 1940