Plymoucth Stove Foundry Co. v. Fee
Massachusetts Supreme Judicial Court
Tort against a constable for the conversion of six ranges, alleged to be the property of the plaintiff attached by the defendanfc as the property of one O’Brien in the house of O’Brien, where they had been placed by the plaintiff under an agreement in writing with him.
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Tort against a constable for the conversion of six ranges, alleged to be the property of the plaintiff attached by the defendanfc as the property of one O’Brien in the house of O’Brien, where they had been placed by the plaintiff under an agreement in writing with him. Writ in the Municipal Court of the City of Boston dated October 17, 1900. On appeal to the Superior Court the case was tried before Mophins, J., and the agreement was put in evidence, the substance of which is stated by the court. The jury returned a verdict for the plaintiff in the sum of $150 ; and the defendant alleged…
1Opinion of the CourtHolmes, C. J.
This is an action of tort for the conversion of six ranges. The ranges were put upon the premises of one O’Brien under a written agreement by which the plaintiff agreed to “ furnish and lease ” to O’Brien the ranges, with appurtenances, “blacked and set up,” and O’Brien agreed to pay the price “ when the ranges are furnished and set up.” It was further agreed that the title was to remain in the plaintiff until fully paid for, and that the plaintiff should have a right to enter and take possession upon any breach of the contract. The ranges were taken by the defendant, it is said upon an…
2Cases cited6 opinions
- Odd Fellows Hall Ass'n v. McAllisterMassachusetts Supreme Judicial Court · 1891
- Robinson v. BirdMassachusetts Supreme Judicial Court · 1893
- Newhall v. KingsburyMassachusetts Supreme Judicial Court · 1881
- Brown v. PierceMassachusetts Supreme Judicial Court · 1867
- Parry v. LibbeyMassachusetts Supreme Judicial Court · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- International Paper Co. v. Beacon Oil Co.Court of Appeals for the First Circuit · 1923
- Nevada Motor Co. v. BreamNevada Supreme Court · 1928