Burns v. Lane
Massachusetts Supreme Judicial Court
Tort, against a deputy sheriff, for the conversion of eight fish traps, and other personal property; with counts for official neglect and for deceit.
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Tort, against a deputy sheriff, for the conversion of eight fish traps, and other personal property; with counts for official neglect and for deceit. Trial in the Superior Court, before Blodgett, J., who allowed a bill of exceptions, in substance as follows: There was evidence that the defendant was a deputy of the sheriff of Esséx; that he had a writ in his hands issuing out of and returnable to the Supreme Judicial Court for said county, in due form of law, in which Julius W. Rosenstein and others were plaintiffs, and the plaintiffs in this case were defendants, by which he was required to…
1Opinion of the CourtHolmes, J.
If the representation that the plaintiffs’ fish traps were attached had been a statement of the effect of certain facts mutually understood to be known to both parties, as, for instance, that they were attached, although they could be immediately removed, and yet no possession had been taken of them, the representation would then have been a representation of law, and the question would have arisen which has been argued for the defendant, whether an action will lie for a false representation of law. On that question we express ho opinion. Compare Hirschfield v. London, Brighton, & South Coast…
2Cases cited5 opinions
- Upton v. TribilcockSupreme Court of the United States · 1875
- David v. ParkMassachusetts Supreme Judicial Court · 1870
- Brown v. LeachMassachusetts Supreme Judicial Court · 1871
- Savage v. StevensMassachusetts Supreme Judicial Court · 1879
- Bond v. PadelfordMassachusetts Supreme Judicial Court · 1816
3Cited by13 opinions
- Whiting v. PriceMassachusetts Supreme Judicial Court · 1898
- Deming v. DarlingMassachusetts Supreme Judicial Court · 1889
- Lindlots Realty Corp. v. County of SuffolkNew York Court of Appeals · 1938
- Windram v. FrenchMassachusetts Supreme Judicial Court · 1890
- Burns v. DockrayMassachusetts Supreme Judicial Court · 1892
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