Keith v. de Bussigney
Massachusetts Supreme Judicial Court
Contract to recover the amount paid by the plaintiff to one Andrews, a livery stable keeper, on a judgment obtained by him against her in Andrews v. Keith, reported in 168 Mass. 558, with a count on an account annexed to recover a reasonable amount for the board of a horse from July 23,1895, to February 6,1896. Writ dated January 20, 1898. At the trial in the Superior Court, before Bond, J., the following facts appeared: The defendants were husband and wife and were the…
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Contract to recover the amount paid by the plaintiff to one Andrews, a livery stable keeper, on a judgment obtained by him against her in Andrews v. Keith, reported in 168 Mass. 558, with a count on an account annexed to recover a reasonable amount for the board of a horse from July 23,1895, to February 6,1896. Writ dated January 20, 1898. At the trial in the Superior Court, before Bond, J., the following facts appeared: The defendants were husband and wife and were the owners of the horse, which they delivered to the plaintiff under the following agreement, signed by both defendants : “…
1Opinion of the CourtKnowlton, J.
The evidence introduced and offered had no tendency to prove a conversion of the horse by the plaintiff. It went no further than to. show that the horse had been used in ploughing greensward and in drawing heavy loads to Boston, and that it was not in good condition when the plaintiff endeavored to return it. Even if a jury might have found from the evidence that the plaintiff had not properly used and fed the horse, they could not have found that she had exercised dominion over it adverse to the defendants’ rights, in such a way as to make her liable for a conversion of it. At most it would…
2Cases cited9 opinions
- Clark v. MarsigliaCourt for the Trial of Impeachments and Correction of Errors · 1845
- Whiting v. SullivanMassachusetts Supreme Judicial Court · 1810
- W. R. Danforth & Co. v. WalkerSupreme Court of Vermont · 1864
- Allen v. JarvisSupreme Court of Connecticut · 1849
- Collins v. DelaporteMassachusetts Supreme Judicial Court · 1874
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