Bates v. Santom
Massachusetts Supreme Judicial Court
Tort for the conversion of four oxen. At the trial in the Superior Court the jury returned a verdict for the plaintiff, and the defendant presented the following bill of exceptions, which was disallowed by the presiding judge. “ The plaintiff claimed the property by sale from one McFarland, who bought of Santom. The defendant claimed that he never sold to McFarland, and that the oxen were his property.
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Tort for the conversion of four oxen. At the trial in the Superior Court the jury returned a verdict for the plaintiff, and the defendant presented the following bill of exceptions, which was disallowed by the presiding judge. “ The plaintiff claimed the property by sale from one McFarland, who bought of Santom. The defendant claimed that he never sold to McFarland, and that the oxen were his property. “It appeared in evidence that on November 1, 1870, the oxen were bid off by McFarland at an auction of the defendant’s, the terms of sale being satisfactory security on six months. There was…
1Opinion of the CourtGray, C. J.
Upon the facts reported by the commissioner, the truth of the exceptions as originally presented is substantially and fully established. The exceptions state that the evidence tended to show that the horse was bought and taken by McFarland under “ the same condition ” as the oxen — not under similar conditions only. The evidence as to the conduct of the defendant having been offered and admitted upon the question of waiver of the condition, the omission of the exceptions to state that it was also admitted upon the question whether there was any condition — as to which he took no exception —…
2Cited by2 opinions
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- Nealon v. SullivanMassachusetts Supreme Judicial Court · 1956