Wilson v. McLaughlin
Massachusetts Supreme Judicial Court
Tort. Writ dated May 27, 1870. The declaration contained two counts. The first was for the conversion of a horse belonging to the plaintiff to the defendant’s use.
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Tort. Writ dated May 27, 1870. The declaration contained two counts. The first was for the conversion of a horse belonging to the plaintiff to the defendant’s use. The second alleged that the defendant found and took up, in West Roxbury, a stray horse belonging to the plaintiff, and neglected to cause it to be entered and cried and notice thereof to be posted up as directed by the Gen. Sts. e. 79, §§ 1, 2,* “ wherefore the plaintiff hath a right to recover of the defendant the value of said horse, to wit, three hundred dollars, as a forfeiture, the said horse not having been delivered or…
1Opinion of the CourtAmes, J.
1. It appears that, when the horse was taken up, he was going at large in the highway, and was supposed to be about to enter upon the premises of the defendant’s employer. Under such circumstances, the act of turning him into an inclosed pasture was not an interference with the owner’s possession, or a conversion of the horse to the defendant’s own use. Ho thing is shown at all inconsistent with a purpose on the defendant’s part to keep the horse for the owner; and it has been decided that the finder of an estray may keep it for the owner, and is not liable in trover unless he uses the…
2Cited by6 opinions
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- E. S. Parks Shellac Co. v. HarrisMassachusetts Supreme Judicial Court · 1921
- O'Connell v. O'LearyMassachusetts Supreme Judicial Court · 1887
- City of Greencastle v. MartinIndiana Supreme Court · 1881
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