Doody v. Collins
Massachusetts Supreme Judicial Court
Replevin of an automobile. Writ in the Municipal Court of the City of Boston dated April 24, 1915. In the Municipal Court the presiding judge found for the plaintiff, and, at the request of the defendant, reported the case to the Appellate Division. His report stated the following facts among others: The automobile in question was owned by the plaintiff, but, with the consent of the plaintiff, was registered in the name of one Sewell.
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Replevin of an automobile. Writ in the Municipal Court of the City of Boston dated April 24, 1915. In the Municipal Court the presiding judge found for the plaintiff, and, at the request of the defendant, reported the case to the Appellate Division. His report stated the following facts among others: The automobile in question was owned by the plaintiff, but, with the consent of the plaintiff, was registered in the name of one Sewell. On or about October 4, 1914, Sewell with the plaintiff’s permission took the automobile on a personal errand to Canton. Late in the day he rode into the…
1Opinion of the CourtPierce, J.
The defendant, in possession of an automobile to which the plaintiff had the right to immediate possession on February 24, 1915, received a letter from the plaintiff the material part of which read, “We wish to notify you to hold the car subject to our disposal. The storage etc., Mr. Sewell contracted and will have to pay. Under no conditions should Mr. Sewell be allowed to take the car from your garage unless you receive written *334instructions from us.” Thereafter, by virtue of St. 1913, c. 300, § 1, the defendant had a lien on the automobile for proper charges for storage and care. On April…
2Cases cited5 opinions
- Hamilton v. McLaughlinMassachusetts Supreme Judicial Court · 1887
- Folsom v. BarrettMassachusetts Supreme Judicial Court · 1902
- Fowler v. ParsonsMassachusetts Supreme Judicial Court · 1887
- Field v. FletcherMassachusetts Supreme Judicial Court · 1906
- Williams v. PatrickMassachusetts Supreme Judicial Court · 1900
3Cited by5 opinions
- Mayer v. Boston Metropolitan Airport, Inc.Massachusetts Supreme Judicial Court · 1969
- Atwood v. Best Buick, Inc.Massachusetts Appeals Court · 1985
- Commonwealth v. SwanMassachusetts Appeals Court · 1995
- North End Auto Park, Inc. v. Petringa Trucking Co.Massachusetts District Court, Appellate Division · 1957
- Pokross v. ChampagneMassachusetts Supreme Judicial Court · 1918