Herries v. Bell
Massachusetts Supreme Judicial Court
Tobt for the alleged conversion of a Scotch collie dog named Duke. Writ in the District Court of Central Middlesex dated November 20, 1912. On appeal to the Superior Court the case was tried before Brown, J. The facts which could have been found upon the evidence are stated in the opinion. The plaintiff’s wife testified that the action was brought with her approval.
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Tobt for the alleged conversion of a Scotch collie dog named Duke. Writ in the District Court of Central Middlesex dated November 20, 1912. On appeal to the Superior Court the case was tried before Brown, J. The facts which could have been found upon the evidence are stated in the opinion. The plaintiff’s wife testified that the action was brought with her approval. At the close of the evidence the defendant asked the judge to make the following rulings: “1. Upon all the evidence in the case the verdict should be for the defendant. “2. Upon all the evidence in the case the jury can assess…
1Opinion of the Court
Pierce, J..
On a Lord’s day in 1910, the defendant voluntarily gave and delivered to the plaintiff’s wife a Scotch collie dog, for the alleged conversion of which this action was brought.
The gift, complete in itself, contains no element of labor, business or work. It is not an act of contract; it does not give rise to any contractual obligation, and it is not in violation of R. L. c. 98.
In May, 1911, the dog was delivered into the possession of the defendant by the plaintiff, with the consent of the plaintiff’s wife, and was retained by the defendant until the autumn of 1911, when, secretly,…
2Cases cited1 opinion
- Pratt v. Boston Heel & Leather Co.Massachusetts Supreme Judicial Court · 1883
3Cited by9 opinions
- Associates Discount Corp. v. GillineauMassachusetts Supreme Judicial Court · 1948
- Theriault v. PierceMassachusetts Supreme Judicial Court · 1940
- Belli v. ForsythMassachusetts Supreme Judicial Court · 1938
- Petrus v. RobbinsSupreme Court of Virginia · 1954
- Strand v. Herrick & SmithMassachusetts Supreme Judicial Court · 1986
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