Hamilton v. McLaughlin
Massachusetts Supreme Judicial Court
TORT, for the conversion of .a horse. Writ dated August 30, 1884. Answer, a general denial, and a claim of a lien upon the horse for its board and keeping.
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TORT, for the conversion of .a horse. Writ dated August 30, 1884. Answer, a general denial, and a claim of a lien upon the horse for its board and keeping. At the trial in the Superior" Court, before Knowlton, J., the plaintiffs put in evidence a mortgage to them, purporting to be executed by “the Worcester Herdic Phaeton Company, a corporation duly established by law,” and to be signed, in the name of the company by its president, and sealed with the corporate seal of the company. This mortgage was dated April 15, 1882, and covered one hundred horses and other personal property. It was…
1Opinion of the Court
W. Alleít, J.
The only lien which the defendant claims is for keeping the horse after notice to the plaintiffs, and a request to take it away. Whether the evidence was sufficient to prove that he had such a lien, and whether the instructions asked in regard to it were sound, we do not find it necessary to consider. It is immaterial that the defendant had a lien, if he waived it at the time of the demand. A claim to hold the possession of the property, and a refusal to deliver it on demand under and in assertion of a right other than that given by the lien, would be evidence of a conversion.…
2Cited by21 opinions
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- Folsom v. BarrettMassachusetts Supreme Judicial Court · 1902
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