Moore v. Spiegel
Massachusetts Supreme Judicial Court
Tort for the conversion of a lot of whiskey. The answer denied the conversion, and that the whiskey was the property of the plaintiff; alleged an assignment of the plaintiff’s claim to one Vanderveer, and the bringing of a suit thereon by Vanderveer in New York, where the defendant resided; and further alleged that the whiskey belonged to one Mrs. Reilly, of Boston, and was sold by due process of law against her.
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Tort for the conversion of a lot of whiskey. The answer denied the conversion, and that the whiskey was the property of the plaintiff; alleged an assignment of the plaintiff’s claim to one Vanderveer, and the bringing of a suit thereon by Vanderveer in New York, where the defendant resided; and further alleged that the whiskey belonged to one Mrs. Reilly, of Boston, and was sold by due process of law against her. Trial in the Superior Court, before Pitman, J., who allowed a bill of exceptions, in substance as follows : It was admitted that the whiskey was sold in bond by the defendant to one…
1Opinion of the CourtField, J.
If the pendency of another action for the same cause of action in another State can be pleaded at all, it can only be pleaded in abatement. The defendant did not plead this in abatement, but in bar, and the substance of his plea in bar would not have been a good plea in abatement. Besides, the exceptions do not show that the suit in New York was pending when *417this suit was brought. Newell v. Newton, 10 Pick. 470. Colt v. Partridge, 7 Met. 570. Merrill v. New England Ins. Co. 103 Mass. 245.
If the plaintiff had assigned his chose in action to Vanderveer, Vanderveer could sue in this Commonwealth…
2Cases cited3 opinions
- Brant v. Virginia Coal & Iron Co.Supreme Court of the United States · 1876
- Merrill v. New England Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1869
- Zuchtmann v. RobertsMassachusetts Supreme Judicial Court · 1871
3Cited by22 opinions
- White v. E. T. Slattery Co.Massachusetts Supreme Judicial Court · 1920
- Rogers v. MurchMassachusetts Supreme Judicial Court · 1925
- Craig Silver Co. v. SmithMassachusetts Supreme Judicial Court · 1895
- Baker v. SeaveyMassachusetts Supreme Judicial Court · 1895
- Palmer v. WhitneyMassachusetts Supreme Judicial Court · 1896
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