Pennock v. McCormick
Massachusetts Supreme Judicial Court
Tort for the conversion of 84 barrels of porter. Trial in the Superior Court, before Allen, J., who allowed a bill of exceptions in substance as follows: The plaintiffs claimed under a bill of sale, absolute in terms, for one dollar and other considerations, from one William H. Nichols, in the name of the Lawrence Brewing Company.
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Tort for the conversion of 84 barrels of porter. Trial in the Superior Court, before Allen, J., who allowed a bill of exceptions in substance as follows: The plaintiffs claimed under a bill of sale, absolute in terms, for one dollar and other considerations, from one William H. Nichols, in the name of the Lawrence Brewing Company. There was evidence tending to show that Nichols, the owner of a brewery, and doing business under the name of the Lawrence Brewing "Co., gave the bill of sale to secure the plaintiffs against loss by reason of bonds signed by Pennock to dissolve certain attachments…
1Opinion of the CourtDeyens, J.
What the evidence was which was admitted by the court, from the letters of Nichols and the reply to them, and the declaration of Nichols to the plaintiff and to Grunberg, against the objection of the defendant, does not appear by the bill of exceptions. We cannot infer that anything was thus admitted which was in any way unfavorable to the defendant, or which tended to prejudice his case. Kershaw v. Wright, 115 Mass. 361, and cases cited.
As between the parties to the absolute, formal bill of sale, it could not be shown, by proof of a paroi defeasance, that the conveyance was a mortgage, and…
2Cases cited1 opinion
- Kershaw v. WrightMassachusetts Supreme Judicial Court · 1874
3Cited by9 opinions
- Little v. Phœnix InsuranceMassachusetts Supreme Judicial Court · 1877
- Bigelow v. SpragueMassachusetts Supreme Judicial Court · 1886
- Reeve v. DennettMassachusetts Supreme Judicial Court · 1884
- Cecconi v. RoddenMassachusetts Supreme Judicial Court · 1888
- Ah Hoy v. RaymondHawaii Supreme Court · 1909
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