Carroll v. Haskins
Massachusetts Supreme Judicial Court
Tort against a deputy sheriff for the alleged conversion of, certain hay attached by the defendant as the alleged property of one LaPierre.
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Tort against a deputy sheriff for the alleged conversion of, certain hay attached by the defendant as the alleged property of one LaPierre. Writ in the District Court of Franklin dated March 29, 1909. On appeal to the Superior Court the case was tried before Fessenden, J. It appeared from the evidence that the plaintiff had worked for LaPierre on his farm, and that it was agreed between them that the plaintiff should be paid for his work in hay at $10 a ton, that on December 26, 1908, the plaintiff went with his father to the barn of LaPierre where a bargain was made for the sale to the…
1Opinion of the CourtBraley, J.
While as between the parties to the sale the title *595passed to the plaintiff if the jury believed the evidence, yet the defendant, who as a deputy sheriff subsequently attached the property on a writ against the seller, is not liable for conversion unless there also was proof of actual or constructive delivery. Marsh v. Hyde, 3 Gray, 331, 333. Packard v. Wood, 4 Gray, 307. Harlow v. Hall, 132 Mass. 232. Clark v. Williams, 190 Mass. 219.
The evidence showed a bargain for the purchase in satisfaction of a debt due from the seller to the buyer of four and one half tons of hay, stored in two "bents”…
2Cases cited11 opinions
- Davenport v. New England Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1850
- Jewett v. WarrenMassachusetts Supreme Judicial Court · 1815
- P. Garvan, Inc. v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1911
- Clark v. WilliamsMassachusetts Supreme Judicial Court · 1906
- Foster v. RopesMassachusetts Supreme Judicial Court · 1872
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3Cited by2 opinions
- Massachusetts Lubricant Corp. v. SoconyVacuum Oil Co.Massachusetts Supreme Judicial Court · 1940
- Dowd v. Maloney Motors, Inc.Massachusetts District Court, Appellate Division · 1955