Ware v. First Congregational Society in Georgetown
Massachusetts Supreme Judicial Court
Tort for the conversion of parts of an organ. At the trial in the Superior Court, before Bacon, J., it appeared that on July 21, 1874, the plaintiff took a mortgage of Joel Butler, covering property in his manufactory in Boston, describing it as “ lumber, tools, benches, hand-screws, clamps, parts of organs finished and unfinished, pipes, wind-chests, bellows, action and voices, and all and everything else contained in my organ manufactory,” and conditioned that Butler…
Read the full summary
Tort for the conversion of parts of an organ. At the trial in the Superior Court, before Bacon, J., it appeared that on July 21, 1874, the plaintiff took a mortgage of Joel Butler, covering property in his manufactory in Boston, describing it as “ lumber, tools, benches, hand-screws, clamps, parts of organs finished and unfinished, pipes, wind-chests, bellows, action and voices, and all and everything else contained in my organ manufactory,” and conditioned that Butler should not attempt to sell or to remove any of the mortgaged property from his shop without the written consent of the…
1Opinion of the Court
By the Court.
There was no evidence of a tortious taking, or of a definite demand or a definite refusal; in short, no evidence whatever of a conversion. Fxaeptions overruled.
2Cited by1 opinion
- Dean v. CushmanSupreme Judicial Court of Maine · 1901