Pratt v. Boston Heel & Leather Co.
Massachusetts Supreme Judicial Court
Tort for the conversion of fifteen bags of wool. Trial in the Superior Court, without a jury, before Knowlton, J., who allowed a bill of exceptions, in substance as follows: There are two actions relating to the same property brought against this defendant.
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Tort for the conversion of fifteen bags of wool. Trial in the Superior Court, without a jury, before Knowlton, J., who allowed a bill of exceptions, in substance as follows: There are two actions relating to the same property brought against this defendant. This was the first, and was brought on May 25, 1881. The second was an action of replevin, brought by George F. Moore on June 2, 1881. Moore owned the fifteen bags of wool in question, and placed them in the hands of this plaintiff as his bailee; and the plaintiff kept it in a building belonging to the defendant. This action was brought to…
1Opinion of the CourtC. Allen, J.
Since Moore did not prevail in his action of replevin, but was defeated therein, and since the defendant has not now and never had any authority from Moore to retain possession of the goods, it is difficult to see any ground of defence to this action growing out of Moore’s relation to the property. Harrington v. King, 121 Mass. 269. 2 Kent Com. 566, and note. But the new trial was granted on the issue of the value of the wool alone; and no other question was open to the defendant. Seccomb v. Provincial Ins. Co. 4 Allen, 152. On both grounds, therefore, the entry must be Exceptions overruled.
2Cases cited1 opinion
- Harrington v. KingMassachusetts Supreme Judicial Court · 1876
3Cited by12 opinions
- Simmons v. FishMassachusetts Supreme Judicial Court · 1912
- Associates Discount Corp. v. GillineauMassachusetts Supreme Judicial Court · 1948
- Smith v. Western Pacific Railway Co.New York Court of Appeals · 1911
- Marshal v. Dalton Paper MillsSupreme Court of Vermont · 1909
- Smith v. WhittleseySupreme Court of Connecticut · 1906
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