Pickert v. Hair
Massachusetts Supreme Judicial Court
Two actions oe tort. The first case was for the conversion of certain articles of personal property, and the second case was for the conversion of a sum of money. The defendant, a deputy sheriff, justified in each case, by virtue of an attachment of the articles as the property of Rozel P. Pickert and Hattie E. Pickert.
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Two actions oe tort. The first case was for the conversion of certain articles of personal property, and the second case was for the conversion of a sum of money. The defendant, a deputy sheriff, justified in each case, by virtue of an attachment of the articles as the property of Rozel P. Pickert and Hattie E. Pickert. The cases were tried together in the Superior Court, before Aldrich, J., who allowed a bill of exceptions, in substance as follows: In August, 1883, a shop was opened in Worcester for the sale of tea and coffee, inducements being advertised and offered to buyers, in the shape…
1Opinion of the CourtField, J.
It is contended that the evidence offered of what Mr. Thayer said to Mr. Bacon was competent for two purposes : first, to contradict R. F. Pickert, who had testified as a witness for the plaintiffs; and, secondly, as an admission made by Mr. Thayer as attorney for the plaintiffs in these actions, and therefore equivalent to an admission by the plaintiffs themselves.
As evidence to contradict the witness Pickert, it was not competent, because it was not testimony of anything R. F. Pickert said, but testimony of what Mr. Thayer said that he said. For the same reason, if the evidence was offered…
2Cases cited2 opinions
- Moulton v. BowkerMassachusetts Supreme Judicial Court · 1874
- Treadway v. S. C. & St. P. R. Co.Supreme Court of Iowa · 1875
3Cited by11 opinions
- Brown v. HebbCourt of Appeals of Maryland · 1934
- Johnson v. Von ScholleyMassachusetts Supreme Judicial Court · 1914
- Loomis v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1893
- New York Life Ins. Co. v. RankinCourt of Appeals for the Eighth Circuit · 1908
- United States v. David J. O'COnnOrCourt of Appeals for the First Circuit · 1970
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