Drury v. Hervey
Massachusetts Supreme Judicial Court
Tort for an assault. Trial in the Superior Court, before Rockwell, J., who allowed a bill of exceptions in substance as follows: In April 1877, the plaintiff, who lived with her husband in his house in Boston, let two rooms therein, with his consent, to Hernán P. Newton, who furnished and occupied the rooms.
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Tort for an assault. Trial in the Superior Court, before Rockwell, J., who allowed a bill of exceptions in substance as follows: In April 1877, the plaintiff, who lived with her husband in his house in Boston, let two rooms therein, with his consent, to Hernán P. Newton, who furnished and occupied the rooms. In July of the same year, Newton procured a lounge from the defendant, a furniture dealer, and signed and delivered to him an agreement in writing, which provided that the lounge was to be paid for by weekly instalments; that, until paid for, no title to the lounge should vest in Newton;…
1Opinion of the CourtAmes, J.
If the defendant had a right to take the lounge into his possession, his servants would be justified in entering the dwelling-house in order to exercise that right, provided the entry were made in a reasonable manner, and without a resort to force and personal violence. McNeal v. Emerson, 15 Gray, 384. As a general rule, such a right is not to be enforced at the expense of a breach of the peace. Sampson v. Henry, 11 Pick. 379. Churchill v. Hulbert, 110 Mass. 42. It was properly ruled at the *522trial, that, in the absence of her husband, the plaintiff had the same right to the possession that he…
2Cases cited2 opinions
- Commonwealth v. McDermottMassachusetts Supreme Judicial Court · 1877
- Churchill v. HulbertMassachusetts Supreme Judicial Court · 1872
3Cited by5 opinions
- Conway v. StateIndiana Supreme Court · 1889
- Singer Sewing Machine Co. v. PhippsIndiana Court of Appeals · 1911
- Commonwealth v. O'BrienMassachusetts Supreme Judicial Court · 1901
- Lambert v. RobinsonMassachusetts Supreme Judicial Court · 1894
- O. S. Paulson Mercantile Co. v. SeaverNorth Dakota Supreme Court · 1898