Leslie v. Jaquith
Massachusetts Supreme Judicial Court
Tort for the conversion of certain goods and chattels on or about September 1, 1892, by the defendant acting by her husband, Edwin Jaquith, as her agent. Writ dated December 19, 1906. The defendant’s answer contained a general denial and an allegation that the cause of action did not accrue within six years before the date of the plaintiff’s writ. In the Superior Court the case was tried before Ailcen, C. J., without a jury.
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Tort for the conversion of certain goods and chattels on or about September 1, 1892, by the defendant acting by her husband, Edwin Jaquith, as her agent. Writ dated December 19, 1906. The defendant’s answer contained a general denial and an allegation that the cause of action did not accrue within six years before the date of the plaintiff’s writ. In the Superior Court the case was tried before Ailcen, C. J., without a jury. He found for the plaintiff and assessed damages in the sum of $807.18. The defendant alleged exceptions, raising the questions which are stated in the opinion.
1Opinion of the CourtHammond, J.
The finding for the plaintiff could not have been made by the judge before whom without a jury the case was tried, unless he found, among other things, that in the act of converting the goods Jaquith, the husband of the defendant, acted as her agent, and that she knew this and approved of the act, and that so knowing she concealed from the plaintiff her liability as an undisclosed principal for that act. Upon these three elements of the plaintiff’s case the defendant strenuously contends that as matter of law the evidence does not warrant the findings.
But we are of opinion that the evidence,…
2Cases cited4 opinions
- Atlantic National Bank v. HarrisMassachusetts Supreme Judicial Court · 1875
- Haskell v. StarbirdMassachusetts Supreme Judicial Court · 1890
- Walker v. SouleMassachusetts Supreme Judicial Court · 1885
- Cocke v. GreeneMassachusetts Supreme Judicial Court · 1902
3Cited by7 opinions
- Stetson v. FrenchMassachusetts Supreme Judicial Court · 1947
- Connelly v. BartlettMassachusetts Supreme Judicial Court · 1934
- Maloney v. BrackettMassachusetts Supreme Judicial Court · 1931
- Schram v. BurtCourt of Appeals for the Sixth Circuit · 1940
- Bailey v. WoodMassachusetts Supreme Judicial Court · 1909
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