Goell v. Morse
Massachusetts Supreme Judicial Court
Tort against Richard Morse and Charles J. Willis for the conversion of one half of a horse, with a count in contract for money-had and received. Writ dated February 18, 1875. Answer, a general denial.
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Tort against Richard Morse and Charles J. Willis for the conversion of one half of a horse, with a count in contract for money-had and received. Writ dated February 18, 1875. Answer, a general denial. Trial in the Superior Court, without a jury, before Brigham, C. J., who found the following facts: The defendant Willis, before purchasing the horse in question, informed the plaintiff that the horse was for sale for $350, and proposed that the plaintiff should join him in the purchase of the horse on speculation, and, after seeing the horse, the plaintiff agreed to do so. Thereupon Willis…
1Opinion of the CourtLord, J.
There can be no doubt of the correctness of the ruling of the Chief Justice of the Superior Court. The plaintiff and Willis were the owners as tenants in common of the horse. The facts show conclusively that the transaction did not constitute a partnership, in reference to the title to the horse. The mode of using and the expense of keeping are conclusive upon *482this point. Being thus tenants in common, neither party had any lien upon the share of the other for expenses incurred, either for labor done upon the horse as by shoeing, or for advertising him for sale, and Morse had no lien upon him…
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