Freed v. Rosenthal
Massachusetts Supreme Judicial Court
Tort against an auctioneer for the alleged conversion of certain furniture belonging to the plaintiff, which was sold at public auction by the defendant, who was employed by one Ginsburg, the assignee of a mortgage on the furniture, and assumed to act under a power of sale contained in the mortgage. Writ in the Municipal Court of the City of Boston dated August 31, 1917. The facts found by the judge of the Municipal Court are stated in the opinion.
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Tort against an auctioneer for the alleged conversion of certain furniture belonging to the plaintiff, which was sold at public auction by the defendant, who was employed by one Ginsburg, the assignee of a mortgage on the furniture, and assumed to act under a power of sale contained in the mortgage. Writ in the Municipal Court of the City of Boston dated August 31, 1917. The facts found by the judge of the Municipal Court are stated in the opinion. At the request of the defendant the judge made the following ridings, which are referred to in the opinion: “5. That the assignee of the mortgage…
1Opinion of the CourtDe Cotjrcy, J.
The plaintiff on May 4,-1917, mortgaged her lodging house furniture to Albert J. Benfield, to secure a loan payable in weekly instalments. ■ The mortgage was assigned to Albert Ginsburg on June 27,1917. The defendant, an auctioneer, was employed by counsel for Ginsburg to give notice to the plaintiff and to sell the property in accordance with the provisions of the mortgage. Until about June 27, the furniture remained in the possession of the plaintiff at 79 Rutland Street. At that time the assignee, Albert Ginsburg, entered and took possession'of it for breach of condition of the mortgage;…
2Cases cited7 opinions
- Clark v. SimmonsMassachusetts Supreme Judicial Court · 1890
- Bell Silver & Copper Mining Co. v. First National BankSupreme Court of the United States · 1895
- Dexter v. ShepardMassachusetts Supreme Judicial Court · 1875
- German Bank v. StumpfSupreme Court of Missouri · 1880
- Way v. DyerMassachusetts Supreme Judicial Court · 1900
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Somers v. Commercial Finance Corp.Massachusetts Supreme Judicial Court · 1923
- Fitzgerald v. First National BankMassachusetts Appeals Court · 1999
- Loza v. OsmolaMassachusetts Supreme Judicial Court · 1932