McMahon v. O'Connor
Massachusetts Supreme Judicial Court
Tort for the conversion of personal property. At the trial in the Superior Court, before Blodgett, J., the jury returned a verdict for the plaintiff; and the defendant alleged exceptions, which appear in the opinion.
1Opinion of the CourtHolmes, J.
The auditor’s report finds that the defendant converted to his own use the chattels specified in the declaration, and that he “ owes the plaintiff upon the various items of the account the sum of money respectively opposite each item,” setting forth a sum certain in respect of each. These words plainly import that the goods belonged to the plaintiff ; and the objection that the auditor does not find that fact in terms, and that his phraseology is inapt, is too refined, even if it were open here upon exceptions to the refusal to recommit, or to the admission of the report in evidence;…
2Cases cited5 opinions
- Wetherbee v. PotterMassachusetts Supreme Judicial Court · 1868
- Curry v. PorterMassachusetts Supreme Judicial Court · 1878
- Butterworth v. Western Assurance Co.Massachusetts Supreme Judicial Court · 1882
- Ela v. CockshottMassachusetts Supreme Judicial Court · 1876
- Kingsford v. HoodMassachusetts Supreme Judicial Court · 1870
3Cited by14 opinions
- Fanciullo v. B. G. & S. Theatre Corp.Massachusetts Supreme Judicial Court · 1937
- Commonwealth v. HassanMassachusetts Supreme Judicial Court · 1920
- Brick v. BosworthMassachusetts Supreme Judicial Court · 1894
- Quinn v. CrimmingsMassachusetts Supreme Judicial Court · 1898
- Buck v. TerritoryCourt of Criminal Appeals of Oklahoma · 1909
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