Bradley v. Brigham
Massachusetts Supreme Judicial Court
Tort by tbe plaintiffs, as surviving partners of the firm of Francis Brigham and Company, for the conversion of certain bonds as partnership property. The answer, among other things, set up a decree for the plaintiffs on a bill in equity brought by them against the defendant, as executor of the will of Francis Brigham, to recover the value of the same bonds.
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Tort by tbe plaintiffs, as surviving partners of the firm of Francis Brigham and Company, for the conversion of certain bonds as partnership property. The answer, among other things, set up a decree for the plaintiffs on a bill in equity brought by them against the defendant, as executor of the will of Francis Brigham, to recover the value of the same bonds. At the trial in the Superior Court, before Sherman, J., on the issue whether the equity suit was a full bar and defence to the action, the following facts were agreed or admitted. The firm of Francis Brigham and Company consisted of…
1Opinion of the CourtC. Allen, J.
There is no doubt as to the general principles of law here involved; the only difficulty is in applying them to the peculiar facts of this case. If A.’s goods are wrongfully taken by B. and sold for a sum of money, A. has an election of remedies against B., and may sue him either for the conversion, or for the money had and received by him ; bat if he elects to sue him for the money had and received, the effect is to ratify the sale by B. as an act of agency, and A. cannot thereafter treat the taking of the goods as a wrongful act, but must accept the consequences of his affirmation of the…
2Cases cited2 opinions
- Connihan v. ThompsonMassachusetts Supreme Judicial Court · 1873
- Bradley v. BrighamMassachusetts Supreme Judicial Court · 1887
3Cited by11 opinions
- Rock-Ola Manufacturing Corp. v. Music & Television Corp.Massachusetts Supreme Judicial Court · 1959
- Johnson-Brinkman Commission Co. v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1895
- Commercial Credit Corp. v. Stan Cross Buick, Inc.Massachusetts Supreme Judicial Court · 1962
- Clare v. New York & New England RailroadMassachusetts Supreme Judicial Court · 1898
- Foucher v. First Vermont Bank & Trust Co.District Court, D. Vermont · 1993
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