Hobbs v. Carr
Massachusetts Supreme Judicial Court
Tort for the conversion of eight hundred bushels of ashes. The defendant, a deputy sheriff, justified under a writ against Charles A. Irons, by virtue of which he attached the ashes as his property.
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Tort for the conversion of eight hundred bushels of ashes. The defendant, a deputy sheriff, justified under a writ against Charles A. Irons, by virtue of which he attached the ashes as his property. Trial in the Superior Court, without a jury, before Dewey, J., who, after verdict for the plaintiff, reported the case for the consideration of this court in substance as follows: On March 30, 1877, Charles A. Irons, who was the owner of a large quantity of ashes, which was on his premises, made a bill of sale of the same to the plaintiff, the consideration and agreement as to the same being. as…
1Opinion of the CourtGray, C. J.
The report shows that Irons had agreed to sell, and Hobbs to buy, the whole quantity of ashes at a certain price by the bushel; and that Irons had been directed by Hobbs to remove the ashes, and, acting as his agent, had removed a considerable part of them to a place designated by Hobbs, before they were attached as the property of Irons. It was not contended at the trial, nor at the argument, that, if the title passed, it was by way of pledge or mortgage. These facts show, 1st, a contract by which the title to the whole quantity passed immediately, as between the parties; and 2d, an actual…
2Cases cited3 opinions
- Davenport v. New England Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1850
- Leonard v. DavisSupreme Court of the United States · 1862
- Ingalls v. HerrickMassachusetts Supreme Judicial Court · 1871
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