Cohen v. Berkowitz
Massachusetts Supreme Judicial Court
Tort for the alleged conversion of certain stoves sold by the plaintiff to a mortgagor in possession of certain real estate of which the defendant was mortgagee. The defendant foreclosed the mortgage and, it was alleged, tortiously “took possession of” the stoves and converted them to his own use. Writ in the Municipal Court of the City of Boston dated September 3, 1912. The case was tried in the Municipal Court before Parmenter, J., who found for the defendant.
Read the full summary
Tort for the alleged conversion of certain stoves sold by the plaintiff to a mortgagor in possession of certain real estate of which the defendant was mortgagee. The defendant foreclosed the mortgage and, it was alleged, tortiously “took possession of” the stoves and converted them to his own use. Writ in the Municipal Court of the City of Boston dated September 3, 1912. The case was tried in the Municipal Court before Parmenter, J., who found for the defendant. The plaintiff filed a draft of a report to be presented to the appellate division of the court under St. 1912, c. 649, § 8. The…
1Opinion of the CourtRtjgg, C. J.
This is the first case which has come before us under the provisions of St. 1912, c. 649. The purpose of this act is to provide a more expeditious determination of cases in the Municipal Court of the City of Boston, and a decision by appeal directly to this court on questions of law there raised.
One or two matters of practice lie at the threshold. The defendant filed a draft report in the municipal court. Afterwards, the judge before whom the case was tried, without passing upon the report filed by the aggrieved party, made an amended report. There is a faint intimation that the defendant may…
2Cases cited3 opinions
- Cressey v. CresseyMassachusetts Supreme Judicial Court · 1912
- Given v. JohnsonMassachusetts Supreme Judicial Court · 1913
- Regal v. LyonMassachusetts Supreme Judicial Court · 1912
3Cited by25 opinions
- Swan v. Justices of Superior CourtMassachusetts Supreme Judicial Court · 1916
- Morse v. Homer's Inc.Massachusetts Supreme Judicial Court · 1936
- Patterson v. CiborowskiMassachusetts Supreme Judicial Court · 1931
- Churchill v. ChurchillMassachusetts Supreme Judicial Court · 1921
- Calcagno v. P. H. Graham & Sons Co.Massachusetts Supreme Judicial Court · 1943
20 more not listed; retrieve them via the Exa API.