Tupper v. Barrett
Massachusetts Supreme Judicial Court
Tort against a deputy sheriff for the alleged conversion of certain articles of personal property enumerated in the opinion. Writ dated May 12, 1914. On June 4, 1917, the defendant died and on motion of the plaintiff the administratrix of his estate was cited into court to defend the action. The case was tried before O’Connell, J., without a jury. The evidence is described in the opinion. The plaintiff asked for seven rulings.
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Tort against a deputy sheriff for the alleged conversion of certain articles of personal property enumerated in the opinion. Writ dated May 12, 1914. On June 4, 1917, the defendant died and on motion of the plaintiff the administratrix of his estate was cited into court to defend the action. The case was tried before O’Connell, J., without a jury. The evidence is described in the opinion. The plaintiff asked for seven rulings. The judge made the third ruling requested, which was as follows: "3. St. 1903, c. 415, entitled ‘An Act to prohibit sales of merchandise in bulk in fraud of creditors’…
1Opinion of the CourtCrosby, J.
This is an action of tort brought for the alleged conversion of five tip carts, one show wagon and six sets of double harnesses. The defendant having died since the date of the writ, Florence G. Barrett, the administratrix of his estate, has been summoned to defend the action. The case was tried before a judge of the Superior Court without a jury, who made certain findings of fact and found for the defendant.
On May 11, 1914, the articles in question were attached by the defendant, a deputy sheriff, on a writ in which C. W. Bowker and Company, a corporation, was named as plaintiff and George…
2Cases cited8 opinions
- John P. Squire & Co. v. TellierMassachusetts Supreme Judicial Court · 1904
- Gallus v. ElmerMassachusetts Supreme Judicial Court · 1906
- Adams v. YoungMassachusetts Supreme Judicial Court · 1909
- Hart v. BrierleyMassachusetts Supreme Judicial Court · 1905
- New England & Savannah Steamship Co. v. CommonwealthMassachusetts Supreme Judicial Court · 1907
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Sternberg v. RubensteinNew York Court of Appeals · 1953
- Patmos v. Grand Rapids Dairy Co.Michigan Supreme Court · 1928
- Empire Laboratories Inc. v. Golden Distributing Corp.Massachusetts Supreme Judicial Court · 1929
- Nichols, North, Buse Co. v. Belgium CanneryWisconsin Supreme Court · 1925