Thaxter v. Foster
Massachusetts Supreme Judicial Court
Tort. The declaration was in four counts. The first count was for the conversion of one car-load of corn, containing about seven hundred bushels, and of two and one quarter tons of bran. The second count, which was alleged to be for the same cause of action as the first, was for wrongfully causing the plaintiffs to lose the value of the car-load of corn. Trial in the Superior Court, before Hammond, J., who allowed a bill of exceptions, in substance as follows.
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Tort. The declaration was in four counts. The first count was for the conversion of one car-load of corn, containing about seven hundred bushels, and of two and one quarter tons of bran. The second count, which was alleged to be for the same cause of action as the first, was for wrongfully causing the plaintiffs to lose the value of the car-load of corn. Trial in the Superior Court, before Hammond, J., who allowed a bill of exceptions, in substance as follows. Upon the first count the following facts appeared in evidence, or were admitted. The plaintiffs agreed to sell the car-load of corn to…
1Opinion of the CourtField, C. J.
As we understand the bill of exceptions, no exceptions were taken to any rulings or refusals to rule upon any questions of law arising at the trial upon the second count of the declaration. Whether the second count sets out in any intelligible manner any cause of action, either in contract or in tort, is also a question of law not raised in the Superior Court or in this court. There is, therefore, no question of law before us relating to the second count.
The first count is in the nature of trover, for the conversion of a car-load of corn containing about seven hundred bushels, and *153two and one…
2Cases cited2 opinions
- Goodwin v. Massachusetts Loan & Trust Co.Massachusetts Supreme Judicial Court · 1890
- Freeman v. NicholsMassachusetts Supreme Judicial Court · 1874
3Cited by6 opinions
- Bettey v. City of SidneyMontana Supreme Court · 1927
- Atlas Shoe Co. v. BechardSupreme Judicial Court of Maine · 1906
- Goodspeed's Book Shop, Inc. v. State Street Bank & Trust Co.Massachusetts Appeals Court · 1979
- In Re Jeandros Dye & Print Works, Inc.District Court, D. Massachusetts · 1938
- McAuliffe & Burke Co. v. GallagherMassachusetts Supreme Judicial Court · 1927
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