Legal Opinion

Drury v. Moors

Massachusetts Supreme Judicial Court

Decided May 20, 1898PublishedCited by 9 opinions

Tort, by the assignees in insolvency of Fred A. Houdlette, for the conversion of a quantity of iron. At the trial in the Superior Court, before Hophins, J., there was evidence tending to show that Houdlette was an iron and steel merchant, who, prior to February 8, 1893, had a store at the corner of Franklin and Hamilton Streets in Boston, and who leased a vacant lot of land on High Street, where the heavier parts of the iron were kept; that the lot was at some distance from…

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Tort, by the assignees in insolvency of Fred A. Houdlette, for the conversion of a quantity of iron. At the trial in the Superior Court, before Hophins, J., there was evidence tending to show that Houdlette was an iron and steel merchant, who, prior to February 8, 1893, had a store at the corner of Franklin and Hamilton Streets in Boston, and who leased a vacant lot of land on High Street, where the heavier parts of the iron were kept; that the lot was at some distance from the warehouse, separated from it by streets and buildings, and was enclosed partly by the walls of adjoining buildings…

1Opinion of the CourtHolmes, J.

This is an action by assignees in insolvency to recover the value of certain goods converted by the defendants to their own use. The goods in question were mortgaged or pledged to the defendants by one Houdlette, in the manner and course of dealing described in Moors v. Reading, 167 Mass. 322, and the question here, as there, is whether the mortgaged property was delivered to and retained by Moors. St. 1883, c. 73, § 2.

It is argued that this case may be distinguished from the former one, because there the goods were only a part of the goods in Houdlette’s warehouse, and were mingled with…

2Cases cited2 opinions

  1. Moors v. ReadingMassachusetts Supreme Judicial Court · 1897
  2. Parry v. LibbeyMassachusetts Supreme Judicial Court · 1896

3Cited by9 opinions

  1. Love v. Export Storage Co.Court of Appeals for the Sixth Circuit · 1906
  2. Fourth St. Nat. Bank v. Millbourne Mills Co.'s TrusteeCourt of Appeals for the Third Circuit · 1909
  3. Security Warehousing Co. v. HandCourt of Appeals for the Seventh Circuit · 1906
  4. In Re Spanish-American Cork Products Co.Court of Appeals for the Fourth Circuit · 1924
  5. Moors v. DruryMassachusetts Supreme Judicial Court · 1904

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