Harrington v. King
Massachusetts Supreme Judicial Court
Tort for the conversion of certain household goods. At the trial in the Superior Court, before Allen, J., it appeared that the plaintiff received the goods under the following agreement signed by him: “ Received of Thomas O. Falvey, 15 Weir Street, Taunton, the following described goods and chattels, amounting in total value to fifty-eight dollars and seven cents, to wiL: [Here followed a description of the goods.] And for which I promised to pay $58T^ in monthly instalments…
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Tort for the conversion of certain household goods. At the trial in the Superior Court, before Allen, J., it appeared that the plaintiff received the goods under the following agreement signed by him: “ Received of Thomas O. Falvey, 15 Weir Street, Taunton, the following described goods and chattels, amounting in total value to fifty-eight dollars and seven cents, to wiL: [Here followed a description of the goods.] And for which I promised to pay $58T^ in monthly instalments of seven dollar’s, due and payable on the thirtieth of each month until full payment has been made. It is distinctly…
1Opinion of the CourtColt, J.
The defendant only excepted to the ruling that the plaintiff had sufficient title to enable him to maintain this action.
The goods in question had been delivered by the owner under a conditional sale to the plaintiff. The right of the owner to resume possession for a breach of the terms of the agreement had not been exercised by him at the time of the alleged conversion. The possession therefore was in the plaintiff with the consent of the owner; and was not lost by the plaintiff when he left the goods in the house which he last occupied, in the care of his brother. Upon the facts disclosed,…
2Cases cited2 opinions
- Johnson v. Inhabitants of HolyokeMassachusetts Supreme Judicial Court · 1870
- Shaw v. KalerMassachusetts Supreme Judicial Court · 1871
3Cited by22 opinions
- Associates Discount Corp. v. GillineauMassachusetts Supreme Judicial Court · 1948
- Goldberg v. ListCalifornia Supreme Court · 1938
- Belli v. ForsythMassachusetts Supreme Judicial Court · 1938
- Jones v. Charles P. Kellogg & Co.Supreme Court of Kansas · 1893
- Munz v. National Bond Investment CompanyCourt of Appeals of Kentucky (pre-1976) · 1932
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