Iasigi v. Shea
Massachusetts Supreme Judicial Court
Tort. The declaration was as follows: “ And the plaintiff says, the defendant has converted to his.own use large sums of money, the property of the plaintiff, and in the possession of the defendant, and to him delivered by the plaintiff as his (the plaintiff’s) attorney for the payment of certain bills of the plaintiff.” Answer, a general denial. Trial in the Superior Court, before Lathrop, J., who allowed a bill of exceptions, in substance as follows.
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Tort. The declaration was as follows: “ And the plaintiff says, the defendant has converted to his.own use large sums of money, the property of the plaintiff, and in the possession of the defendant, and to him delivered by the plaintiff as his (the plaintiff’s) attorney for the payment of certain bills of the plaintiff.” Answer, a general denial. Trial in the Superior Court, before Lathrop, J., who allowed a bill of exceptions, in substance as follows. The defendant was defaulted, and the case subsequently came on to be heard on the question of assessment of damages. The plaintiff’s evidence…
1Opinion of the CourtMorton, C. J.
By his default, the defendant waived his right to object that trover would not lie in this case. He thereby admitted that he had converted to his own use money belonging to the plaintiff, and the only question submitted to the court was the amount he had thus appropriated. It is too late for him to object that he appropriated the money under such circumstances that trover is not the proper remedy. The defendant contends that the declaration is so defective that no judgment can be rendered on it, and that any judgment on it would be set aside on a writ of error. This is not so. Trover will lie…
2Cases cited1 opinion
- Cushing v. Wells, Fargo & Co.Massachusetts Supreme Judicial Court · 1868
3Cited by4 opinions
- Productora E Importadora De Papel v. FlemingMassachusetts Supreme Judicial Court · 1978
- Tremont Trust Co. v. NoyesMassachusetts Supreme Judicial Court · 1923
- Gillard's CaseMassachusetts Supreme Judicial Court · 1923
- Beacon Motor Car Co. v. ShadmanMassachusetts Supreme Judicial Court · 1917