Aldrich v. Hodges
Massachusetts Supreme Judicial Court
Tort, by Burton H. Aldrich and William Dobson, copartners as B. H. Aldrich and Company, for the conversion of certain liquors, alleged to be the property of the plaintiffs. Answer: 1. A general denial. 2. That the defendant, as a deputy sheriff, seized the goods in question by virtue of an execution against the plaintiff Aldrich. Writ dated December 24, 1894. Trial in the Superior Court, before Lilley, J., who allowed a bill of exceptions, in substance as follows.
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Tort, by Burton H. Aldrich and William Dobson, copartners as B. H. Aldrich and Company, for the conversion of certain liquors, alleged to be the property of the plaintiffs. Answer: 1. A general denial. 2. That the defendant, as a deputy sheriff, seized the goods in question by virtue of an execution against the plaintiff Aldrich. Writ dated December 24, 1894. Trial in the Superior Court, before Lilley, J., who allowed a bill of exceptions, in substance as follows. There was evidence tending to prove that S. C. Boehm and Company, of New York, had consigned the goods in question to the…
1Opinion of the CourtBarker, J.
We assume that the title to the goods remained in Boehm and Company until the purchase price should be paid, and that the plaintiffs, to whom as partners Boehm and Company consigned the goods, had the rightful possession of them, with the right to sell them and to pay for them as they were sold. The defendant having seized the goods upon an execution against one of the plaintiffs, contends that this action cannot be maintained, because before its commencement Boehm and Company had brought their action against him for the conversion of the goods, returnable to the same court, and that their…
2Cases cited2 opinions
- Miller v. HydeMassachusetts Supreme Judicial Court · 1894
- Shaw v. KalerMassachusetts Supreme Judicial Court · 1871
3Cited by5 opinions
- Roper Wholesale Grocery Co. v. FaverCourt of Appeals of Georgia · 1910
- New York Central Railroad v. FreedmanMassachusetts Supreme Judicial Court · 1921
- Carleton C. Rust v. Hart Garage Co.Massachusetts District Court, Appellate Division · 1940
- Commonwealth v. MoretonMassachusetts Appeals Court · 1999
- MacNeil v. HazeltonMassachusetts District Court, Appellate Division · 1939