Bacon v. George
Massachusetts Supreme Judicial Court
Tort for conversion. Writ in the Municipal Court of the City of Boston dated September 12, 1906. The case came before this court upon a report by Sherman, J., before whom it was tried on an appeal from the municipal court, as hereinafter stated.
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Tort for conversion. Writ in the Municipal Court of the City of Boston dated September 12, 1906. The case came before this court upon a report by Sherman, J., before whom it was tried on an appeal from the municipal court, as hereinafter stated. From the report it appeared that the property alleged to have been converted formerly was owned by the Charles A. Jenkins Company, a corporation; that the corporation on May 21, 1906, made a common law assignment for the benefit of its creditors to one Winfield S. Knowles, and that under that assignment Knowles took possession of the property in…
1Opinion of the CourtHammond, J.
Although the assignment to Knowles was eventually avoided by the subsequent proceedings in bankruptcy against the estate of the assignor, the Charles A. Jenkins Company, hereinafter called the corporation, yet at the time of the alleged conversion he, and he alone, had the legal title to the *569property, the right to immediate possession and the actual possession. The corporation by the assignment had parted with the legal title and with it all right to the immediate possession.
Under these circumstances Knowles as assignee brought in the municipal court this action of trover. Before the trial in…
2Cases cited5 opinions
- Bank of Commerce v. ElliottWisconsin Supreme Court · 1901
- Costelo v. CrowellMassachusetts Supreme Judicial Court · 1883
- Robinson v. BirdMassachusetts Supreme Judicial Court · 1893
- Newhall v. KingsburyMassachusetts Supreme Judicial Court · 1881
- National Distilling Co. v. SeidelWisconsin Supreme Court · 1899
3Cited by21 opinions
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- Handy v. C. I. T. Corp.Massachusetts Supreme Judicial Court · 1935
- Donahue v. LeventhalMassachusetts Supreme Judicial Court · 1939
- Hyland v. HylandMassachusetts Supreme Judicial Court · 1932
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