Selkirk v. Cobb
Massachusetts Supreme Judicial Court
Action of tort against a deputy sheriff for the conversion of a quantity of scrap iron, attached by the defendant as the property of John Race. At the trial in the court of common pleas, before Bishop, J., the plaintiff introduced evidence tending to show that Race had been employed, for three years, as the plaintiff’s agent for the purchase of iron, and had purchased, in small qualities, the iron in dispute for the plaintiff, with money furnished by the latter.
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Action of tort against a deputy sheriff for the conversion of a quantity of scrap iron, attached by the defendant as the property of John Race. At the trial in the court of common pleas, before Bishop, J., the plaintiff introduced evidence tending to show that Race had been employed, for three years, as the plaintiff’s agent for the purchase of iron, and had purchased, in small qualities, the iron in dispute for the plaintiff, with money furnished by the latter. But there was evidence tending to show that no notice had been given that the business in which Race was engaged was done on account…
1Opinion of the CourtMerrick, J.
1. It appears that in the progress of the trial two mortgages of personal property, made by Race to the plaintiff, were produced and read in evidence, without objection. But when, at a later stage, other similar mortgages were produced and offered to be laid as proof before the jury, they were objected to as irrelevant, and were excluded by the court. Afterwards, while the defendant’s counsel was making his concluding argument and commenting upon the testimony, the court, upon an objection then interposed by the plaintiff, ordered the mortgages and all the testimony connected therewith to be…
2Cited by1 opinion
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