Hart v. Brierley
Massachusetts Supreme Judicial Court
Tort, against a deputy sheriff, for the alleged conversion of certain biscuits and crackers in cases and barrels attached by the defendant on September 14 and 18, 1908, in the possession of the plaintiff as the property of the Favorite Biscuit Company and alleged by the plaintiff to have been purchased by him from that company.
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Tort, against a deputy sheriff, for the alleged conversion of certain biscuits and crackers in cases and barrels attached by the defendant on September 14 and 18, 1908, in the possession of the plaintiff as the property of the Favorite Biscuit Company and alleged by the plaintiff to have been purchased by him from that company. Writ dated October 17, 1903. At the trial in the Superior Court before Harris, J. the defendant relied on the defence that the sale to the plaintiff was voidable under St. 1903, c. 415, relating to sales of merchandise in bulb, and also was voidable at common law as in…
1Opinion of the CourtBraley, J.
The plaintiff’s title to the chattels alleged to have been converted is derived under a sale from a corporation described as the Favorite Biscuit Company. By way of defence this sale is alleged to have been made by the vendor either in violation of the St. 1903, c. 415, or for the purpose of defrauding its creditors, and hence to be voidable by them at common law.
In Squire v. Tellier, 185 Mass. 18, although this statute was held to be constitutional, the scope of its application to mercantile transactions similar to those found in this case was neither involved nor determined.
The company was…
2Cases cited12 opinions
- Burlen v. ShannonMassachusetts Supreme Judicial Court · 1868
- John P. Squire & Co. v. TellierMassachusetts Supreme Judicial Court · 1904
- Lorain Steel Co. v. Norfolk & Bristol Street Railway Co.Massachusetts Supreme Judicial Court · 1905
- Hawks v. TruesdellMassachusetts Supreme Judicial Court · 1868
- Spurr v. Inhabitants of ShelburneMassachusetts Supreme Judicial Court · 1881
7 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Demoulas v. Demoulas Super Markets, Inc.Massachusetts Supreme Judicial Court · 1997
- Turon v. J. & L. CONSTRUCTION CO.Supreme Court of New Jersey · 1952
- Burke v. HodgeMassachusetts Supreme Judicial Court · 1912
- Cooney, Eckstein & Co. v. SweatSupreme Court of Georgia · 1909
- Olsen v. OlsenMassachusetts Supreme Judicial Court · 1936
25 more not listed; retrieve them via the Exa API.