Desseau v. Holmes
Massachusetts Supreme Judicial Court
Tort for the alleged conversion of a couch. Writ in the Municipal Court of the City of Boston dated November 7, 1908 On appeal to the Superior Court the case was heard on an agreed statement of facts by Mason, C. J., without a jury.
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Tort for the alleged conversion of a couch. Writ in the Municipal Court of the City of Boston dated November 7, 1908 On appeal to the Superior Court the case was heard on an agreed statement of facts by Mason, C. J., without a jury. It appeared that on August 16, 1903, the plaintiff bought of the defendants the couch in question under a contract of conditional sale dated August 10, 1903, and agreed to pay for it the sum of $31.60; that on the delivery of the couch to the plaintiff he executed and delivered to the defendants the following agreement: “ Received • of Holmes, Luce & Co., a true…
1Opinion of the CourtKnowlton, C. J.
The defendants sold to the plaintiff a couch, by a conditional sale in the form of an instrument in writing called a lease, which provided for payments of $1 per week until the sum of $31.50, with interest, should be paid in all, at which time the property was to pass to the plaintiff. This writing purported to authorize the defendants to take possession of the property at any time, for a failure to make the prescribed payments, and afterwards to hold it absolutely. Similar contracts have been made for many years, and in the year 1881 the Legislature passed an act (St. 1881, c. 222) giving…
2Cases cited2 opinions
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