Smith v. Bay State Savings Bank
Massachusetts Supreme Judicial Court
Tort for the alleged conversion of three bars used in the bar room of a hotel. Writ dated December 17, 1904. The case was tried before Sherman, J. Besides the facts stated in the opinion, it appeared from the report by the presiding judge that it was “ admitted for the purposes of this report that there had been a breach of the condition in the plaintiffs’ mortgage, and that the plaintiffs had a right to possession of the articles in question if they were not real estate or…
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Tort for the alleged conversion of three bars used in the bar room of a hotel. Writ dated December 17, 1904. The case was tried before Sherman, J. Besides the facts stated in the opinion, it appeared from the report by the presiding judge that it was “ admitted for the purposes of this report that there had been a breach of the condition in the plaintiffs’ mortgage, and that the plaintiffs had a right to possession of the articles in question if they were not real estate or held under defendant’s mortgage, entry, or foreclosure. That is, it was agreed between counsel at the trial, that, if…
1Opinion of the CourtLoring, J.
This is an action of tort for the conversion of an oak bar, a working bar and a back bar. The following facts were not in dispute.
During the year 1899 one Pellett owned a lot of land in Southbridge and began the erection on it of a brick building three stories in height, to be used as a hotel. On March 20, 1900, Pellett bought of one Spalt, “ a maker of such articles,” the three bars here in question, and also an ice box and “ some other property,” for $1,325. The sale was an entire one and was conditioned on the whole purchase price being paid. Pellett paid $445 in cash and gave two notes…
2Cases cited18 opinions
- Mills v. Taunton Savings BankMassachusetts Supreme Judicial Court · 1890
- Turner v. WentworthMassachusetts Supreme Judicial Court · 1876
- McConnell v. BloodMassachusetts Supreme Judicial Court · 1877
- Guthrie v. JonesMassachusetts Supreme Judicial Court · 1871
- Carpenter v. WalkerMassachusetts Supreme Judicial Court · 1886
13 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Stone v. LivingstonMassachusetts Supreme Judicial Court · 1915
- Medford Trust Co. v. Priggen Steel Garage Co.Massachusetts Supreme Judicial Court · 1930
- Commercial Credit Corp. v. GouldMassachusetts Supreme Judicial Court · 1931
- Kent Storage Co. v. Grand Rapids Lumber Co.Michigan Supreme Court · 1927
- Consiglio v. CareyMassachusetts Appeals Court · 1981
5 more not listed; retrieve them via the Exa API.