Metcalf v. McLaughlin
Massachusetts Supreme Judicial Court
Tort for the conversion of certain chattels. At the trial in the Superior Court, before Rockwell, J., the plaintiff put in evidence a mortgage of the chattels given by-Amelia Merrill to one Hall, and an assignment by Hall to her before the alleged conversion.
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Tort for the conversion of certain chattels. At the trial in the Superior Court, before Rockwell, J., the plaintiff put in evidence a mortgage of the chattels given by-Amelia Merrill to one Hall, and an assignment by Hall to her before the alleged conversion. The chattels, when this mortgage was given, were situated in house No. 400 Shawmut Avenue, Boston, and one of the provisions of the mortgage was that the mortgagor should not, except with the consent in writing of the grantee or his representatives, attempt to sell or to remove from said house on Shawmut Avenue the same or any part…
1Opinion of the CourtColt, J.
The mortgage, under which the plaintiff claims as assignee, contained a stipulation on the part of the mortgagor that the mortgaged goods should not be removed from the house in which she then lived without the consent of the mortgagee. After the mortgage was given, the possession of the property remained with the mortgagor, by the consent of the plaintiff, up to the time of the alleged conversion.
The defendant was a teamster employed by the mortgagor to remove the goods to another house in the same street, and, while so employed, was forbidden to remove them by the agent of the plaintiff.
The…
2Cited by4 opinions
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