Heckle v. Lurvey
Massachusetts Supreme Judicial Court
Tort for the conversion of millinery. In the superior court, the case was referred to an auditor, who found that articles of millinery, of the value of §578, were taken from the plaintiff’s shop by Joseph Morss without the plaintiff’s authority or knowledge, and delivered to Mrs. Lurvey, who had reasonable cause to believe that they were so taken; that she had not paid for the goods, or any part of them; and that before beginning his action the plaintiff made demand for the…
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Tort for the conversion of millinery. In the superior court, the case was referred to an auditor, who found that articles of millinery, of the value of §578, were taken from the plaintiff’s shop by Joseph Morss without the plaintiff’s authority or knowledge, and delivered to Mrs. Lurvey, who had reasonable cause to believe that they were so taken; that she had not paid for the goods, or any part of them; and that before beginning his action the plaintiff made demand for the goods on her and her husband. At the trial, before Devens, J., it was agreed that the plaintiff employed Morss in his…
1Opinion of the CourtChapman, C. J.
1. The principle is well settled, that, when a thief sells chattels, even to an honest purchaser, no title passes, and the owner may maintain an action for the property without a previous demand. Dame v. Baldwin, 8 Mass. 518. Stanley v. Gaylord, 1 Cush. 536. Riley v. Boston Water Power Co. 11 Cush. 11. Chapman v. Cole, 12 Gray, 141. Gilmore v. Newton, 9 Allen, 171.
2. There is no legal presumption that acts done by a wife in her husband’s absence are done under his coercion or control. Indeed, if she, in his absence, does a criminal act even by his order or procurement, her coverture will be…
2Cited by15 opinions
- Spooner v. HolmesMassachusetts Supreme Judicial Court · 1869
- O'Herron v. GrayMassachusetts Supreme Judicial Court · 1897
- Scollans v. E. H. Rollins & SonsMassachusetts Supreme Judicial Court · 1899
- Karow v. Continental InsuranceWisconsin Supreme Court · 1883
- Velsian v. LewisOregon Supreme Court · 1888
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