Warner v. Abbey
Massachusetts Supreme Judicial Court
Tort upon the following declaration : “And the plaintiff says that the defendant on, &c., entered the plaintiff’s close, situate, &c., and with the feet of divers horses and the wheels of divers carts and wagons tore up, damaged and spoiled the earth and soil of said close, and took and carried away twenty-five hundred pounds of unstripped tobacco of the plaintiff’s there being, and converted the same to his own use.”
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Tort upon the following declaration : “And the plaintiff says that the defendant on, &c., entered the plaintiff’s close, situate, &c., and with the feet of divers horses and the wheels of divers carts and wagons tore up, damaged and spoiled the earth and soil of said close, and took and carried away twenty-five hundred pounds of unstripped tobacco of the plaintiff’s there being, and converted the same to his own use.” “ And the plaintiff says that the defendant at said South Hadley with force and arms took and carried away twenty-five hundred pounds of tobacco, the property of the plaintiff,…
1Opinion of the CourtEkdicott, J.
The defendant requested the court to rule that there was no evidence to support the several counts of the declaration, and that the plaintiff could not recover. The several counts are for one and the same cause of action. The first count is in the nature of trespass for breaking and entering the plaintiff’s close and carrying away a quantity of tobacco, the property of the plaintiff; the second and third counts, of trespass de bonis for taking the tobacco with force and converting it to the defendant’s use; the fourth and fifth counts, of trover for converting, the same to the defendant’s…
2Cases cited3 opinions
- Delaney v. RootMassachusetts Supreme Judicial Court · 1868
- Daniels v. DanielsMassachusetts Supreme Judicial Court · 1810
- Cornell v. DeanMassachusetts Supreme Judicial Court · 1870
3Cited by17 opinions
- Lawrence v. O'NeillMassachusetts Supreme Judicial Court · 1944
- State ex rel. Ratliffe v. Superior CourtWashington Supreme Court · 1919
- Strain v. GardnerWisconsin Supreme Court · 1884
- Bowers v. Graves & Vinton Co.South Dakota Supreme Court · 1896
- Orcutt v. MooreMassachusetts Supreme Judicial Court · 1883
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