Boston Loan Co. v. Myers
Massachusetts Supreme Judicial Court
Replevin of a piano and set of parlor furniture. Writ dated November 29,1884. Trial in tbe Superior Court, before Knowlton, J., who allowed a bill of exceptions, in substance as follows: The plaintiff became nonsuit, and tbe question of damages to tbe defendant for tbe detention of said goods was submitted to tbe jury.
Read the full summary
Replevin of a piano and set of parlor furniture. Writ dated November 29,1884. Trial in tbe Superior Court, before Knowlton, J., who allowed a bill of exceptions, in substance as follows: The plaintiff became nonsuit, and tbe question of damages to tbe defendant for tbe detention of said goods was submitted to tbe jury. There was evidence tending to show that tbe plaintiff took tbe property on November 29,1884, and held possession of tbe parlor set about two months, when it was returned; and that it kept possession of the piano until tbe day of trial; that tbe defendant bad a daughter who bad…
1Opinion of the CourtMorton, C. J.
The defendant is entitled to recover as damages such sum as will be a fair indemnity to him for tbe injury be has sustained by reason of tbe unlawful taking and detention of bis property by tbe plaintiff. Stevens v. Tuite, 104 Mass. 828. In this case, the property replevied was household furniture, including a piano; and it appeared that, during tbe time of tbe detention, the defendant did not purchase or hire other similar property. As tbe defendant did not purchase other property, *448the ruling requested by the plaintiff was equivalent to asking the court to rule that the defendant could only…
2Cases cited1 opinion
- Clark v. MartinMassachusetts Supreme Judicial Court · 1876
3Cited by4 opinions
- Schrandt v. YoungNebraska Supreme Court · 1901
- Guaranty Security Corp. v. BrophyMassachusetts Supreme Judicial Court · 1923
- Ralph N. Blakeslee Co. v. RigoSupreme Court of Connecticut · 1920
- Dupuis v. DupuisSupreme Court of Connecticut · 1923