Pine v. Morrison
Massachusetts Supreme Judicial Court
Tort for the conversion of a horse. At the trial in the Superior Court, before Allen, J., without a jury, it was admitted that the defendant had, four days previous to the date of the writ therein, received possession of the horse in question on a writ of replevin in his favor and against one Oren E. Welch, under whom both the plaintiff and the defendant claimed title; the plaintiff under a bill of sale from Welch, dated August 10, 1874, and the defendant under a bill of…
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Tort for the conversion of a horse. At the trial in the Superior Court, before Allen, J., without a jury, it was admitted that the defendant had, four days previous to the date of the writ therein, received possession of the horse in question on a writ of replevin in his favor and against one Oren E. Welch, under whom both the plaintiff and the defendant claimed title; the plaintiff under a bill of sale from Welch, dated August 10, 1874, and the defendant under a bill of sale from Welch, dated October 8, 1874. There was evidence tending to show a delivery of the horse by Welch to the…
1Opinion of the Court
By the Court.
Getting possession of the plaintiff’s horse by process against a third person, with the intention of fraudulently depriving the plaintiff of his property, and afterwards taking the horse out of the Commonwealth, were sufficient evidence of a conversion. Exceptions overruled, with double costs.
2Cited by4 opinions
- Massachusetts Lubricant Corp. v. SoconyVacuum Oil Co.Massachusetts Supreme Judicial Court · 1940
- Everett v. HendersonMassachusetts Supreme Judicial Court · 1888
- Westheimer v. State Loan Co.Massachusetts Supreme Judicial Court · 1907
- Crocker v. AtwoodMassachusetts Supreme Judicial Court · 1887