Mills v. Sullivan
Massachusetts Supreme Judicial Court
Tort for the conversion of the stock in trade and fixtures of a retail grocery. Writ in the Second District Court of Bristol dated August 10, 1910. On appeal to the Superior Court the case was heard b jJenney, J., without a jury.
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Tort for the conversion of the stock in trade and fixtures of a retail grocery. Writ in the Second District Court of Bristol dated August 10, 1910. On appeal to the Superior Court the case was heard b jJenney, J., without a jury. The parties agreed to a “statement of facts” covering the material facts, it being stipulated in the agreement that "All proper inferences of fact may be drawn, except as to the purpose with which the mortgage and release” hereinafter described “were executed.” The facts agreed were as follows in substance: The National Wholesale Grocery Company, Incorporated, did…
1Opinion of the CourtPierce, J.
The plaintiff by virtue of his writ had actual possession of and a special property in the goods when they were taken from him by the defendant. Ladd v. North, 2 Mass. 514, 518. Save as justified by law the seizure by the defendant was a trespass and he became a trespasser ab initia upon his failure to enter in court the replevin writ. Hanly v. Davis, 166 Mass. 1.
Presumptively the plaintiff became entitled to recover against the defendant in an action of conversion the full value of the goods. Hanly v. Davis, supra. The goods had been mortgaged by the defendant in the writ by virtue of which…
2Cases cited3 opinions
- Wasserman v. McDonnellMassachusetts Supreme Judicial Court · 1906
- Ladd v. NorthMassachusetts Supreme Judicial Court · 1807
- Hanly v. DavisMassachusetts Supreme Judicial Court · 1896
3Cited by6 opinions
- Schwartz v. King Realty & Investment Co.Supreme Court of New Jersey · 1920
- Shapira v. WalkerMassachusetts Supreme Judicial Court · 1917
- Slow v. Ohio Valley Roofing Co.Indiana Supreme Court · 1926
- Tupper v. BarrettMassachusetts Supreme Judicial Court · 1919
- Talty v. SchoenholzAppellate Court of Illinois · 1922
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