Syndicate v. Guttentag
Massachusetts Supreme Judicial Court
Tort against a constable for the alleged conversion of sixty-six chairs, a desk, an office chair and other articles belonging to the plaintiff. Writ dated August 3, 1895. The case was brought in the Municipal Court of the city of Boston, and came on appeal to the Superior Court, where it was tried before Hopkins, J., without a jury.
Read the full summary
Tort against a constable for the alleged conversion of sixty-six chairs, a desk, an office chair and other articles belonging to the plaintiff. Writ dated August 3, 1895. The case was brought in the Municipal Court of the city of Boston, and came on appeal to the Superior Court, where it was tried before Hopkins, J., without a jury. It appeared that the property in question, at the time of the alleged' conversion on August 1, 1895, was owned by the plaintiff, and .was in the possession of one Wyman, doing business under the firm name of “The Original Wyman Sandwich Company” on Washington…
1Opinion of the CourtBarker, J.
The declaration alleges “ that the defendant has converted to his own use the property of the plaintiff.” The bill of exceptions purports to state the facts of the case, and that the defendant requested rulings that the plaintiff could not recover upon the evidence, and that upon the evidence the plaintiff was not entitled to the possession of the goods and consequently could not maintain the action. Both briefs are addressed to the question whether upon the facts stated the action would lie upon the declaration, and we therefore consider that question.
The declaration follows a statutory form…
2Cases cited5 opinions
- Baker v. SeaveyMassachusetts Supreme Judicial Court · 1895
- Ring v. NealeMassachusetts Supreme Judicial Court · 1873
- Landon v. EmmonsMassachusetts Supreme Judicial Court · 1867
- Clapp v. CampbellMassachusetts Supreme Judicial Court · 1878
- Field v. EarlyMassachusetts Supreme Judicial Court · 1897
3Cited by17 opinions
- Atlantic Finance Corp. v. GalvamMassachusetts Supreme Judicial Court · 1942
- Hyland v. HylandMassachusetts Supreme Judicial Court · 1932
- Crehan v. MegargelMassachusetts Supreme Judicial Court · 1920
- United Shoe Machinery Co. v. HoltMassachusetts Supreme Judicial Court · 1904
- Morris Plan Co. v. Hillcrest Farms Dairy, Inc.Massachusetts Supreme Judicial Court · 1948
12 more not listed; retrieve them via the Exa API.