Scollard v. Brooks
Massachusetts Supreme Judicial Court
Tort, for the conversion of wearing apparel and of household furniture given to the plaintiff by Caroline M. Richardson.
Read the full summary
Tort, for the conversion of wearing apparel and of household furniture given to the plaintiff by Caroline M. Richardson. The case was referred to an auditor, who found in substance that the plaintiff had been employed for many years as a domestic in the house of Mrs. Caroline M. Richardson, who, on September 28, 1888, in anticipation of her decease, which occurred on October 31, 1888, requested the plaintiff to bring into her chamber from the various places where they were kept the articles of wearing apparel in question ; that she and the plaintiff looked them over together; that Mrs.…
1Opinion of the CourtAllen, J.
We cannot say that there was no evidence upon which the plaintiff was entitled to go to the jury. There was some evidence of a gift and delivery of the articles. The auditor so found, and the testimony of the plaintiff and of her sister furnished some evidence to the same effect. It would seem that it was not expected that the plaintiff would take the things away before the donor’s death, and one or two articles of wearing apparel were used by the donor after the alleged gift. This would have well warranted, but it did not absolutely require, a finding that there was no present delivery.…
2Cases cited5 opinions
- Spooner v. HolmesMassachusetts Supreme Judicial Court · 1869
- Spooner v. ManchesterMassachusetts Supreme Judicial Court · 1882
- Edmunds v. HillMassachusetts Supreme Judicial Court · 1882
- Luddington v. GoodnowMassachusetts Supreme Judicial Court · 1897
- Brintnall v. SmithMassachusetts Supreme Judicial Court · 1896
3Cited by16 opinions
- Lorain Steel Co. v. Norfolk & Bristol Street Railway Co.Massachusetts Supreme Judicial Court · 1905
- Jackson v. InnesMassachusetts Supreme Judicial Court · 1919
- Clapp v. HaynesMassachusetts Appeals Court · 1980
- Jean v. CawleyMassachusetts Supreme Judicial Court · 1914
- McGonigle v. Victor H. J. Belleisle Co.Massachusetts Supreme Judicial Court · 1904
11 more not listed; retrieve them via the Exa API.