Dean v. Ross
Massachusetts Supreme Judicial Court
Tort for the alleged conversion by the defendant of fifteen bonds for $500 each of the United States Electric Lighting Company at various times from June, 1891, to September, 1893. Writ dated August 26, 1897. The answer contained a general denial and pleaded the statute of limitations.
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Tort for the alleged conversion by the defendant of fifteen bonds for $500 each of the United States Electric Lighting Company at various times from June, 1891, to September, 1893. Writ dated August 26, 1897. The answer contained a general denial and pleaded the statute of limitations. At the trial in the Superior Court, before Bond, J., it appeared by the plaintiff’s evidence that she delivered the bonds to the defendant from, time to time under what purported to be directions from the spirit of her deceased husband speaking through the defendant as a medium. The facts are sufficiently…
1Opinion of the CourtLoring, J.
1. The defendant’s first contention is that she is entitled to have judgment arrested because it is not alleged in the declaration that the plaintiff owned or was in possession of the bonds which it is alleged that the defendant converted to . her own use. But such an objection is taken too late; it does not go to the jurisdiction of the court. Commonwealth v. Mackay, 177 Mass. 345. The case of Carlisle v. Weston, 1 Met. 26, relied on by the defendant, was decided before it was provided by statute that no motion in arrest of judgment should be allowed unless it is for a cause which affects…
2Cases cited4 opinions
- Manufacturers' National Bank v. PerryMassachusetts Supreme Judicial Court · 1887
- Graham v. StantonMassachusetts Supreme Judicial Court · 1901
- Commonwealth v. MackayMassachusetts Supreme Judicial Court · 1901
- Rogers v. Mitchell'sCourt of Appeals of Kentucky · 1858
3Cited by12 opinions
- Bar Ass'n v. CaseyMassachusetts Supreme Judicial Court · 1917
- Connelly v. BartlettMassachusetts Supreme Judicial Court · 1934
- Waugh v. Guthrie Gas, Light, Fuel & Improvement Co.Supreme Court of Oklahoma · 1913
- Maloney v. BrackettMassachusetts Supreme Judicial Court · 1931
- Jekshewitz v. GroswaldMassachusetts Supreme Judicial Court · 1929
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