Lopes v. Connolly
Massachusetts Supreme Judicial Court
Tout for wrongfully causing the discharge of the plaintiff by his employer, one Cross, a shoe manufacturer in Lynn, by serving a notice on Cross falsely stating that the plaintiff had made an assignment of his wages to the defendant, and by wilfully refusing to withdraw such notice after the defendant had been informed by the plaintiff that he never had made such an assignment.
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Tout for wrongfully causing the discharge of the plaintiff by his employer, one Cross, a shoe manufacturer in Lynn, by serving a notice on Cross falsely stating that the plaintiff had made an assignment of his wages to the defendant, and by wilfully refusing to withdraw such notice after the defendant had been informed by the plaintiff that he never had made such an assignment. Writ dated January 12,1909. In the Superior Court the case was tried before Schofield, J. It appeared that the defendant, who testified that he was engaged in the real estate, piano and storehouse business and in…
1Opinion of the CourtBbalky, J.
The jury might have been convinced, if no evidence except that of the defendant had been introduced, that there had been an innocent mistake of identity when the defendant, who held as security an assignment of the wages of his debtor, whose name corresponded exactly with the name of the plaintiff, notified the plaintiff’s employer, that thereafter no wages were to be paid to the assignor until the amount remaining due had been satisfied. R.-L. c. 189, §§ 27, 32-34. St. 1906, c. 390. *494But concededly the plaintiff was not the defendant’s debtor, and, if the jury believed the plaintiff’s…
2Cases cited22 opinions
- Burt v. Advertiser Newspaper Co.Massachusetts Supreme Judicial Court · 1891
- Hill v. WinsorMassachusetts Supreme Judicial Court · 1875
- Meagher v. DriscollMassachusetts Supreme Judicial Court · 1868
- Moran v. DunphyMassachusetts Supreme Judicial Court · 1901
- Smethurst v. Proprietors of Independent Congregational Church in Barton SquareMassachusetts Supreme Judicial Court · 1889
17 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Beecy v. PucciarelliMassachusetts Supreme Judicial Court · 1982
- Owen v. WilliamsMassachusetts Supreme Judicial Court · 1948
- Lowrie v. CastleMassachusetts Supreme Judicial Court · 1916
- Stiles v. Municipal CouncilMassachusetts Supreme Judicial Court · 1919
- United States Fidelity & Guaranty Co. v. MillonasSupreme Court of Alabama · 1921
36 more not listed; retrieve them via the Exa API.