Cahill v. Campbell
Massachusetts Supreme Judicial Court
Tort against a deputy of the sheriff of Hampshire, for the conversion of some whiskey, gin and beer, with the vessels in which they were contained. The answer admitted the taking of the property September 29, 1868, by the defendant, on an execution against the plaintiff’s husband.
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Tort against a deputy of the sheriff of Hampshire, for the conversion of some whiskey, gin and beer, with the vessels in which they were contained. The answer admitted the taking of the property September 29, 1868, by the defendant, on an execution against the plaintiff’s husband. At the trial in the superior court, “ the plaintiff testified that she kept a saloon in Easthampton; and the evidence tended to show that she kept a place there, in her husband’s house, for the sale of cigars, tobacco and other articles, including spirituous and intoxicating liquors; that her husband had no concern…
1Opinion of the CourtColt, J.
The judge ruled, as matter of law, that the certificate, by which the plaintiff, intending to do business on her separate account, sought to protect her property, under the St. of 1862, a. 198, from the claims of creditors of her husband, was invalid on its face. It is objected to this certificate, that the nature of the business proposed to be done is not sufficiently set out.- But it is described as “ the general business of saloon keeper; ” and we cannot see, as matter of law, that these words are not sufficiently descriptive and definite, when applied to such a business, carried on in a…
2Cited by3 opinions
- Long v. DrewMassachusetts Supreme Judicial Court · 1873
- Harriman v. GrayMassachusetts Supreme Judicial Court · 1871
- Mason v. BowlesMassachusetts Supreme Judicial Court · 1875