Packer v. Lockman
Massachusetts Supreme Judicial Court
Tort in the nature of trover brought by Elisha A. Packer and Daniel Packer, against Jacob E. Lockman, W. H. Love, H. E. Hayward and L. S. Boyer, the three last named being members of the firm of Love, Hayward & Co., for the conversion of two cargoes of coal, with a count in contract on an account annexed, both counts being for the same cause of action.
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Tort in the nature of trover brought by Elisha A. Packer and Daniel Packer, against Jacob E. Lockman, W. H. Love, H. E. Hayward and L. S. Boyer, the three last named being members of the firm of Love, Hayward & Co., for the conversion of two cargoes of coal, with a count in contract on an account annexed, both counts being for the same cause of action. Trial in the Superior Court before Lord, J., who, after a verdict for the plaintiffs, allowed the following bill of exceptions : “ The plaintiffs introduced evidence tending to show that they were miners and shippers of coal in Hew York; that…
1Opinion of the CourtWells, J.
The plaintiffs allege that they were induced to sell and deliver two cargoes of coal, supposing that they were making the sale to, and upon the credit of C. F. Clark & Co., of Waltham, who were responsible parties; that they were misled into this supposition by the deceit and fraud of the defendant Lockman, who thereby obtained control and possession of the coal, and de*80livered it to the other defendants, who knew of and participated in the fraud upon the plaintiffs. To maintain the action upon this ground it was necessary for them to prove, not only the deceit and fraud of Lockman, but also…
2Cited by2 opinions
- Produce Exchange Trust Co. v. BieberbachMassachusetts Supreme Judicial Court · 1900
- Potter v. BaldwinMassachusetts Supreme Judicial Court · 1882