Legal Opinion

Elliott v. Stoddard

Massachusetts Supreme Judicial Court

Decided November 15, 1867PublishedCited by 5 opinions

Tort for conversion of certain machinery. In the superior court a verdict was found for the plaintiffs ; and the defendant alleged exceptions. The case is stated in the opinion.

1Opinion of the CourtChapman, J.

Both parties claim title to the machinery m controversy under Enoch Wait. On the 10th of October, 1864, he made a bill of sale of it to the plaintiffs and gave them possession. It was then in a factory which belonged to Willard Hayden & Co., and the plaintiffs did not remove it till the following December.

The defendant is a deputy sheriff, and subsequently attached the machinery as the property of Wait on a writ in favor of Hayden & Co. against him. His answer avers this fact; denies *146the plaintiffs’ title, and says the sale to them was colorable and was made to defraud the creditors of Wait;…

2Cited by5 opinions

  1. Sokoloski v. SplannMassachusetts Supreme Judicial Court · 1942
  2. McKinnon & Van Meter v. Reliance Lumber Co.Texas Supreme Court · 1885
  3. Bergman & Berry v. TwilightOregon Supreme Court · 1882
  4. Howard v. PineSuperior Court of Rhode Island · 1926
  5. Johnston v. SpoonheimNorth Dakota Supreme Court · 1909

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