Boston Supply Co. v. Rubin
Massachusetts Supreme Judicial Court
Tort for the conversion of three rings and two watches. Writ in the Municipal Court of the City of Boston dated February 9, 1909. On appeal to the Superior Court the case was heard by Raymond, J., without a jury.
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Tort for the conversion of three rings and two watches. Writ in the Municipal Court of the City of Boston dated February 9, 1909. On appeal to the Superior Court the case was heard by Raymond, J., without a jury. There was evidence tending to show that the business of the plaintiff was selling jewelry for cash and on contracts of conditional sale, and that, in the course of dealings between the plaintiff and one Marion E. Davis, employed by it as a saleswoman, she would come to the plaintiff’s office, would state that she had a prospective customer and thus would procure watches or rings,…
1Opinion of the CourtBraley, J.
The exceptions state that the pleadings may be referred to, and theanswer consists only of a general denial under which the defense raised by the various requests would not be open. But no allusion to the pleadings having been made at the trial or at the argument, the questions raised by the record are to be treated as properly before us. Ridenour v. H. C. Dexter Chair Co. 209 Mass. 70, 78.
The title to the watch and ring for the conversion of which the action is brought was in the plaintiff when pledged to the defendants by Marion E. Davis as security for the payment of her own debt. It is…
2Cases cited14 opinions
- Feneff v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1907
- Butterick Publishing Co. v. FisherMassachusetts Supreme Judicial Court · 1909
- Mears v. SmithMassachusetts Supreme Judicial Court · 1908
- DeFriest v. BradleyMassachusetts Supreme Judicial Court · 1906
- Brewer v. CaseyMassachusetts Supreme Judicial Court · 1907
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3Cited by23 opinions
- Karcher v. BurbankMassachusetts Supreme Judicial Court · 1939
- Freeman v. FreemanMassachusetts Supreme Judicial Court · 1921
- Royle v. Worcester Buick Co.Massachusetts Supreme Judicial Court · 1922
- Muse v. DeVitoMassachusetts Supreme Judicial Court · 1923
- Lutz v. Frick Co.Indiana Supreme Court · 1962
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