Smith v. Pierce
Massachusetts Supreme Judicial Court
Tort for breaking and entering the plaintiff’s close. Trial in the Superior Court, before Brigham, C. J. The defendant introduced evidence tending to show “ that he let the plaintiff have a piano to use for an indefinite time, upon a certain agreed rent, and that the rent was not paid as promised.” The plaintiff introduced evidence tending to show “ that he did not hire the piano, but purchased it of the defendant, and had made him payments thereon.”
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Tort for breaking and entering the plaintiff’s close. Trial in the Superior Court, before Brigham, C. J. The defendant introduced evidence tending to show “ that he let the plaintiff have a piano to use for an indefinite time, upon a certain agreed rent, and that the rent was not paid as promised.” The plaintiff introduced evidence tending to show “ that he did not hire the piano, but purchased it of the defendant, and had made him payments thereon.” It appeared that in October 1870 the plaintiff was adjudged a bankrupt; that on December 5,1870, his property was duly conveyed to his assignee,…
1Opinion of the CourtWells, J.
The case of McLeod v. Jones, 105 Mass. 403, decides that title to personal property and right of present possession do not alone, as matter of law, confer a legal right or license to enter the close of another for the purpose of taking possession and removing it.
So far as the court, in this case, adopted the second proposition of the defendant’s prayers, the instructions were too favorable to him. A hiring of personal property does not of itself confer upon the bailor a license to enter the premises of' the bailee to retake it, upon the termination of the bailment in any mode. Without proof…
2Cases cited1 opinion
- McLeod v. JonesMassachusetts Supreme Judicial Court · 1870
3Cited by6 opinions
- Bennett v. McIntireIndiana Supreme Court · 1889
- Commonwealth v. RubinMassachusetts Supreme Judicial Court · 1896
- Smith v. HaleMassachusetts Supreme Judicial Court · 1893
- Tenney v. ReedMassachusetts Supreme Judicial Court · 1928
- Smith v. Eliot Savings BankMassachusetts Supreme Judicial Court · 1969
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