Hawkins v. Hersey
Supreme Judicial Court of Maine
On motion. This was an action of trover to recover the value of certain machinery, specified and enumerated in the schedule annexed to the declaration, and which the plaintiffs alleged had been converted by the defendant. The jury returned a verdict for the plaintiffs, the damages to be assessed by the court according to the agreement of the parties. The defendant brought the case into the law court upon a general motion for a new trial.
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On motion. This was an action of trover to recover the value of certain machinery, specified and enumerated in the schedule annexed to the declaration, and which the plaintiffs alleged had been converted by the defendant. The jury returned a verdict for the plaintiffs, the damages to be assessed by the court according to the agreement of the parties. The defendant brought the case into the law court upon a general motion for a new trial. At the argument, the parties stipulated that the full court should hear the case as upon report and determine what number of articles, if any, had been…
1Opinion of the CourtWhitehouse, J.
The plaintiffs bring this action of trover to recover the value of certain machinery delivered to Harlow and Son of Buckfield, during the year 1890, under a contract with them by which the machinery was to remain the property of the plaintiff's until paid for, and alleged to have been sold and converted by the defendant.
*396It appears that Harlow and Son had previously been operating a steam mill in Buekfield for the manufacture of toothpicks, but became embarrassed in business for the want of sufficient capital. Thereupon the defendant united with six others in a praiseworthy effort to encourage…
2Cases cited5 opinions
- Hunt v. Bay State Iron Co.Massachusetts Supreme Judicial Court · 1867
- McConnell v. BloodMassachusetts Supreme Judicial Court · 1877
- Southbridge Savings Bank v. Exeter Machine WorksMassachusetts Supreme Judicial Court · 1879
- Thompson v. VintonMassachusetts Supreme Judicial Court · 1876
- Bartholomew v. HamiltonMassachusetts Supreme Judicial Court · 1870
3Cited by2 opinions
- Fuller-Warren Co. v. HarterWisconsin Supreme Court · 1901
- Mallory v. AgeeSupreme Court of Alabama · 1932