Roberts v. Medbery
Massachusetts Supreme Judicial Court
Tort for the conversion of one hundred barrels of cider. The defendant, a deputy sheriff, justified under a writ against John G. Sleeper, upon which he attached the cider as the property of Sleeper. At the trial in the Superior Court, before Putnam, J., the plaintiff offered evidence tending to show that, on October 14, 1880, he bought the cider of Sleeper, paid him for it and received a bill of sale and delivery of the same on that day; and he produced the bill of sale.
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Tort for the conversion of one hundred barrels of cider. The defendant, a deputy sheriff, justified under a writ against John G. Sleeper, upon which he attached the cider as the property of Sleeper. At the trial in the Superior Court, before Putnam, J., the plaintiff offered evidence tending to show that, on October 14, 1880, he bought the cider of Sleeper, paid him for it and received a bill of sale and delivery of the same on that day; and he produced the bill of sale. Evidence was also introduced tending to show that Sleeper had a verbal lease of the room in which the cider was stored;…
1Opinion of the CourtLord, J.
How far the declarations of a former owner and seller of a chattel are in this Commonwealth competent to impeach his sale to the purchaser as fraudulent, is a question which is subject to more apparent than real difficulty. His declarations in disparagement of his grant of real estate are never admissible. Clarke v. Waite, 12 Mass. 439. Bridge v. Eggleston, 14 Mass. 245, 250. Winchester v. Charter, 97 Mass. 140. Holbrook v. Holbrook, 113 Mass. 74.
Where, however, a party has made conveyance of a personal chattel, his relation to the subject is different. The title to a chattel may pass without…
2Cases cited3 opinions
- Bridge v. EgglestonMassachusetts Supreme Judicial Court · 1817
- Winchester v. CharterMassachusetts Supreme Judicial Court · 1867
- Holbrook v. HolbrookMassachusetts Supreme Judicial Court · 1873
3Cited by3 opinions
- Gallick v. BordeauxMontana Supreme Court · 1899
- Parry v. LibbeyMassachusetts Supreme Judicial Court · 1896
- Chase v. HortonMassachusetts Supreme Judicial Court · 1886