Robinson v. Bird
Massachusetts Supreme Judicial Court
Tort for conversion. The case was submitted to the Superior Court, and, after judgment for the plaintiffs, to this court, on appeal, on agreed facts, in substance as follows.
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Tort for conversion. The case was submitted to the Superior Court, and, after judgment for the plaintiffs, to this court, on appeal, on agreed facts, in substance as follows. The plaintiffs, who were dealers in furniture in Boston, on February 9,1886, sold to Mrs. Linda Bryant a quantity of furniture under the terms of a written agreement, dated February 9, 1886, which provided as follows: “ For the use of the above mentioned articles, and as rent for the same, I have this day paid to the said C. H. Robinson & Co., as rent in advance, the sum of dollars, and promise further to pay to them and…
1Opinion of the CourtHolmes, J.
The defendant is an auctioneer, who has sold personal property belonging to the plaintiffs. Therefore he is liable for a conversion, unless he can show some other excuse or justification than his good faith and his ignorance of the plaintiff’s title. Coles v. Clark, 3 Cush. 399. Hoffman v. Carow, 22 Wend. 285. Cochrane v. Rymill, 40 L. T. (N. S.) 744. Hollins v. Fowler, L. R. 7 H. L. 757. The mere fact that the plaintiffs made a bailment to Mrs. Bryant, and that she mortgaged the goods to Stetson, who took without notice and for value, and directed the present sale, is not such a…
2Cases cited6 opinions
- Hoffman v. CarowCourt for the Trial of Impeachments and Correction of Errors · 1839
- Hills v. SnellMassachusetts Supreme Judicial Court · 1870
- Hirschorn v. CanneyMassachusetts Supreme Judicial Court · 1867
- Day v. BassettMassachusetts Supreme Judicial Court · 1869
- Western Union Telegraph Co. v. CaldwellMassachusetts Supreme Judicial Court · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
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- Row v. Home Savings BankMassachusetts Supreme Judicial Court · 1940
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- Bacon v. GeorgeMassachusetts Supreme Judicial Court · 1910
- First National Bank v. SimanSouth Dakota Supreme Court · 1937
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