Bacon v. Hooker
Massachusetts Supreme Judicial Court
Tort. The declaration contained three counts, the first being for trespass upon the plaintiff’s premises, the second for an assault by “the defendants” upon her, and the third for conversion of one pianoforte, alleged to be her property. Trial in the Superior Court, before Hopkins, J., who allowed a bill of exceptions in substance as follows.
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Tort. The declaration contained three counts, the first being for trespass upon the plaintiff’s premises, the second for an assault by “the defendants” upon her, and the third for conversion of one pianoforte, alleged to be her property. Trial in the Superior Court, before Hopkins, J., who allowed a bill of exceptions in substance as follows. It was admitted by the defendants, who did business under the name of Loan Fund Company, that on October 24,1895, the plaintiff and her husband, George H. Bacon, borrowed from the defendants the sum of one hundred dollars, and made and executed to them a…
1Opinion of the CourtMorton, J.
The testimony tended to show that McEvoy and three teamsters and a man by the name of Thomas were sent out to the plaintiff’s house to foreclose the mortgage, and that McEvoy was also instructed by one of the defendants to deliver to the plaintiff a notice of the foreclosure. It also appeared that McEvoy had been seen at work in the defendants’ place of business though the witness could not tell what kind of work he was doing. This was the substance of the testimony as to McEvoy’s authority to act in regard to the matter of tender. If the plaintiff relied on the tender to McEvoy, the burden…
2Cases cited4 opinions
- Tuthill v. . MorrisNew York Court of Appeals · 1880
- Schayer v. Commonwealth Loan Co.Massachusetts Supreme Judicial Court · 1895
- Lambert v. RobinsonMassachusetts Supreme Judicial Court · 1894
- McCann v. TillinghastMassachusetts Supreme Judicial Court · 1885
3Cited by8 opinions
- Keljikian v. Star Brewing Co.Massachusetts Supreme Judicial Court · 1939
- Fanciullo v. B. G. & S. Theatre Corp.Massachusetts Supreme Judicial Court · 1937
- Marston v. Boston Publishing Co.Massachusetts Supreme Judicial Court · 1930
- Harvey v. AnaconeSupreme Judicial Court of Maine · 1936
- Chambers v. CagleSupreme Court of Alabama · 1960
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