Bacon v. Hooker
Massachusetts Supreme Judicial Court
Tort, for trespass to real estate, with counts for assault and battery and for the conversion of a piano. Writ dated August 20, 1897. The action was brought for acts of the defendants’ servant in entering the plaintiff’s house, and taking therefrom one piano and one piano stool and cover.
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Tort, for trespass to real estate, with counts for assault and battery and for the conversion of a piano. Writ dated August 20, 1897. The action was brought for acts of the defendants’ servant in entering the plaintiff’s house, and taking therefrom one piano and one piano stool and cover. The defendants offered in justification of the alleged acts of their servant that such acts were properly committed in the foreclosure of a mortgage of personal property, including the property alleged to have been converted. At the trial in the Superior Court, before Sherman, J., it appeared that at the…
1Opinion of the CourtHolmes, C. J.
This is an action of tort with counts for a trespass upon the plaintiff’s close, for a trespass to the plaintiff’s person, and for the conversion of a piano. The defendants justified under a mortgage of chattels, including the piano, con*337ditioned among other things against moving the goods from the place where they were at the time, and proved a breach of the conditions. The plaintiff offered evidence that the defendants had added the description of various articles to the granting clause of the mortgage without the knowledge of herself or her husband. The jury were instructed that if the…
2Cases cited10 opinions
- Waring v. SmythNew York Court of Chancery · 1847
- McLeod v. JonesMassachusetts Supreme Judicial Court · 1870
- Pereau v. FrederickNebraska Supreme Court · 1885
- Smith v. HaleMassachusetts Supreme Judicial Court · 1893
- Johnson v. MooreSupreme Court of Kansas · 1885
5 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Bozant v. Bank of New YorkCourt of Appeals for the Second Circuit · 1946
- Bliss v. BlissMassachusetts Supreme Judicial Court · 1915
- Stretch v. WatsonSupreme Court of New Jersey · 1950
- Seretto v. SchellMassachusetts Supreme Judicial Court · 1923
- First Trust Co. of St. Paul v. MathesonSupreme Court of Minnesota · 1932
14 more not listed; retrieve them via the Exa API.