Knight v. Nelson
Massachusetts Supreme Judicial Court
Tort for the conversion of certain goods. The case was submitted to the Superior Court, and to this court on appeal, on an agreed statement of facts, in substance as follows: In May, 1872, the defendants brought a suit in the Municipal Court of Boston, against J. F. L. Whitmarsh and Francis T. Irish, auctioneers and commission dealers.
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Tort for the conversion of certain goods. The case was submitted to the Superior Court, and to this court on appeal, on an agreed statement of facts, in substance as follows: In May, 1872, the defendants brought a suit in the Municipal Court of Boston, against J. F. L. Whitmarsh and Francis T. Irish, auctioneers and commission dealers. The writ was served by R. S. Carroll, a constable of the city of Boston, who received special instructions to attach only the goods of the defendants, specifying them, and such specification not covering the goods claimed by the plaintiff. Carroll made an…
1Opinion of the CourtGray, C. J.
The defendants, at the request of the officer, and with knowledge that the plaintiff claimed some of the goods which he had attached, having given him a bond of indemnity, in the usual form, against all suits, damages and costs “ by reason of the said attachment, or any further intermeddling of ” the officer “ by virtue of said process,” (not limited in any way to the goods which they had originally directed him to attach,) assumed the responsibility of his acts, and were liable to the plaintiff for the subsequent conversion of his goods; and the judgment against *460the officer, without…
2Cases cited3 opinions
- Lovejoy v. MurraySupreme Court of the United States · 1866
- Herring v. . HoppockNew York Court of Appeals · 1857
- Elliott v. HaydenMassachusetts Supreme Judicial Court · 1870
3Cited by12 opinions
- Cleveland v. City of BangorSupreme Judicial Court of Maine · 1895
- City of Sapulpa v. YoungSupreme Court of Oklahoma · 1931
- Cabell v. Hamilton Brown Shoe CompanyTexas Supreme Court · 1891
- Lesher v. GetmanSupreme Court of Minnesota · 1883
- McIntosh v. KnoxNevada Supreme Court · 1917
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