Philbrook v. Eaton
Massachusetts Supreme Judicial Court
Tort, by the administrator of the estate of John D. Philbrook, for the conversion of certain household furniture. Answer, a general denial.
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Tort, by the administrator of the estate of John D. Philbrook, for the conversion of certain household furniture. Answer, a general denial. Trial in the Superior Court without a jury, before Wilkinson, J., who allowed a bill of exceptions in substance as follows: The plaintiff, as administrator, made a demand upon the defendant for said furniture before bringing this action, but the defendant did not deliver it, having previously, in July 1879, sold it to one Sawyer; The defendant was allowed to put in evidence, subject to the plaintiff’s exception, that he borrowed of the plaintiff’s…
1Opinion of the CourtColburn, J.
The written instrument under which the plaintiff claims is a formal bill of sale, not a bill of parcels, and on its face purports to be the evidence of an absolute sale of the property therein described by the defendant to the plaintiff’s *400intestate, in consideration of $250, which the defendant acknowledges that he received.
The plaintiff, who by operation of law represents the personal property and rights of his intestate, sustains the same relation to the defendant, and to the property in controversy, that his intestate sustained before his decease. No question as to the right of creditors…
2Cases cited1 opinion
- Pennock v. McCormickMassachusetts Supreme Judicial Court · 1876
3Cited by8 opinions
- Barrie v. QuinbyMassachusetts Supreme Judicial Court · 1910
- Reeve v. DennettMassachusetts Supreme Judicial Court · 1884
- Baker v. LothropMassachusetts Supreme Judicial Court · 1892
- Folsom v. CornellMassachusetts Supreme Judicial Court · 1889
- Grant v. FrostSupreme Judicial Court of Maine · 1888
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