Morrin v. Manning
Massachusetts Supreme Judicial Court
Tort, with a declaration in three counts, the first count being for the conversion of “ divers articles of restaurant furniture and property contained in the plaintiff’s restaurant,” the second for the conversion of “divers bank notes and coins to the value of thirty-five dollars, current as money in this Commonwealth ’’; and the third alleging that the defendant took possession of the plaintiff’s restaurant, “ seized all the furnishings,, food and personal property therein,…
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Tort, with a declaration in three counts, the first count being for the conversion of “ divers articles of restaurant furniture and property contained in the plaintiff’s restaurant,” the second for the conversion of “divers bank notes and coins to the value of thirty-five dollars, current as money in this Commonwealth ’’; and the third alleging that the defendant took possession of the plaintiff’s restaurant, “ seized all the furnishings,, food and personal property therein, and continued to hold them in his possession for several days, and afterwards put out the plaintiff, his servants and…
1Opinion of the CourtHammond, J.
1. Upon the evidence the jury might properly have found that, even if the plaintiff had consented that the defendant should have the keys of the restaurant in his possession for the preservation of the attachment, he consented only upon the condition that the restaurant should be open for business ajb its usual hours ; that the defendant, in view of the failure of the waitresses to pass over to him the money received by them from the customers and of the other circumstances in the case, had concluded to stop the business and entirely exclude the plaintiff from the restaurant, even during…
2Cases cited2 opinions
- Walsh v. BrownMassachusetts Supreme Judicial Court · 1907
- Wood v. SouthwickMassachusetts Supreme Judicial Court · 1867
3Cited by20 opinions
- Commonwealth v. PolianMassachusetts Supreme Judicial Court · 1934
- Weiler v. PortfolioScope, Inc.Massachusetts Supreme Judicial Court · 2014
- In re HilsonMassachusetts Supreme Judicial Court · 2007
- Schmid v. National Bank of Greece, S.A.District Court, D. Massachusetts · 1985
- John A. Frye Shoe Co. v. WilliamsMassachusetts Supreme Judicial Court · 1942
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