West v. White
Massachusetts Supreme Judicial Court
Tort, for the conversion of four buggies mortgaged by one Snow to the plaintiff on November 29, 1892. Trial in the Superior Court, without a jury, before Richardson, J., who reported the case for the determination of this court, in substance as follows. The only question was as to the amount of the damages. The defendant purchased the buggies of Snow in the fall of 1893, while the mortgage was in force.
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Tort, for the conversion of four buggies mortgaged by one Snow to the plaintiff on November 29, 1892. Trial in the Superior Court, without a jury, before Richardson, J., who reported the case for the determination of this court, in substance as follows. The only question was as to the amount of the damages. The defendant purchased the buggies of Snow in the fall of 1893, while the mortgage was in force. This action was begun on June 29, 1894. The note was payable one month after date, with interest at fifteen dollars per month, or sixty per cent per annum. The judge found that the defendant…
1Opinion of the CourtAllen, J.
By St. 1892, c. 428, the plaintiff’s loan was dis-chargeable by the debtor, Snow, upon payment of the principal sum borrowed, and interest at the rate of eighteen per cent per *260annum from the time the money was borrowed, together with a small sum for expenses, which need not be considered here. This implies that, in an action by the creditor against the debtor on the loan, judgment should not be rendered for a greater sum ; otherwise the purpose of the statute might be defeated.
Usually in an action for the conversion of personal property the measure of damages is the value of the property; but…
2Cases cited3 opinions
- King v. BangsMassachusetts Supreme Judicial Court · 1876
- Thacher v. MoorsMassachusetts Supreme Judicial Court · 1883
- White v. AllenMassachusetts Supreme Judicial Court · 1882
3Cited by5 opinions
- Hanly v. DavisMassachusetts Supreme Judicial Court · 1896
- California Cured Fruit Ass'n v. AinsworthCalifornia Supreme Court · 1901
- McKie v. GregoryMassachusetts Supreme Judicial Court · 1900
- Hanly v. DavisMassachusetts Supreme Judicial Court · 1898
- United Insurance Finance Corp. v. C. L. T. Corp.Massachusetts District Court, Appellate Division · 1938