Oliver Ditson Co. v. Bates
Massachusetts Supreme Judicial Court
Tort for the conversion of a piano. Writ dated February 1, 1899. The answer contained a general denial and a plea of estoppel. At the trial in the Superior Court before Hopkins, J., it appeared, that the plaintiff, a corporation, was a wholesale dealer in pianos.
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Tort for the conversion of a piano. Writ dated February 1, 1899. The answer contained a general denial and a plea of estoppel. At the trial in the Superior Court before Hopkins, J., it appeared, that the plaintiff, a corporation, was a wholesale dealer in pianos. On July 9, 1895, by a lease in writing of that date it let to J. Q. Beal and Son, retail dealers in musical instruments at Rockland, Massachusetts, a Jacobs piano at a rent of $16 per quarter, with the provision that if the piano was not returned at the end of the first quarter it was to be held at a pro rata charge for quarterly…
1Opinion of the CourtMorton, J.
This is an action of tort for the conversion of a piano. There was a verdict for the plaintiff and the case is here on exceptions by the defendant to the admission of a written lease of the piano from the plaintiff to J. Q. Beal and Son from whom the defendant afterwards bought it, and to the re*457fusai of the presiding judge to give certain rulings that were asked for, and to certain instructions that were given by him.
1. The lease was clearly admissible, we think, to show the nature' of the right of Beal and Son and to rebut any presumption of agency on their part.
2. The defendant contends…
2Cited by11 opinions
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- Simons v. Northeastern Finance Corp.Massachusetts Supreme Judicial Court · 1930
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