Rund v. Blatt
Massachusetts Supreme Judicial Court
Tort, by the mortgagee of personal property, against Joseph H. Blatt and Christian Zahner, for the conversion of the property, which was attached by Blatt, a constable, on a writ against the mortgagor. Zahner was defaulted. Trial in the Superior Court, without a jury, before Sheldon, J., who found for the plaintiff; and the defendant Blatt alleged exceptions. The facts appear in the opinion.
1Opinion of the CourtKnowlton, J.
The defendant Blatt, who alone defends, was a constable of the city of Boston. In his official capacity he attached personal property on a writ against one Mader, which was mortgaged to the plaintiff." In the same writ the plaintiff *470was summoned as trustee. An examination was had under the Pub. Sts. c. 161, § 79, the mortgage was found to be valid, the amount due upon it was ascertained, and the attaching creditor was directed to pay the same to the plaintiff within seven days. This amount was not at any time paid or tendered by the defendant or the attaching creditor. Soon after the…
2Cases cited4 opinions
- Hanly v. DavisMassachusetts Supreme Judicial Court · 1896
- Porter v. WarrenMassachusetts Supreme Judicial Court · 1876
- Jackson v. ColcordMassachusetts Supreme Judicial Court · 1873
- McDonald v. FaulknerMassachusetts Supreme Judicial Court · 1891
3Cited by2 opinions
- Samuels v. Charles E. Fogg Co.Massachusetts Supreme Judicial Court · 1927
- Asbestos Covering & Textile Co. v. GoldbergMassachusetts District Court, Appellate Division · 1936