Simmons v. Carroll
Massachusetts Supreme Judicial Court
Tort by the mortgagee of certain personal property against a deputy sheriff for the conversion of the property by an alleged unlawful attempted attachment. Writ dated March 11, 1916. In the Superior Court the case was heard by Quinn, J., without a jury, upon an auditor’s report. The evidence is described sufficiently in the opinion.
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Tort by the mortgagee of certain personal property against a deputy sheriff for the conversion of the property by an alleged unlawful attempted attachment. Writ dated March 11, 1916. In the Superior Court the case was heard by Quinn, J., without a jury, upon an auditor’s report. The evidence is described sufficiently in the opinion. The defendant, among other requests, asked the judge to make the following rulings: “1. Upon the auditor’s report, the defendant is not liable to the plaintiff.” “6. The plaintiff’s alleged mortgage in this case is invalid and gives her no rights against this…
1Opinion of the CourtCarroll, J.
This action is brought by the mortgagee of personal property against a deputy sheriff who attached the property covered by the mortgage. Many of the material facts are to be found in Haskell v. Carroll, ante, 424. In the Superior Court the judge found that the mortgage was valid; that the plaintiff made a demand on the defendant for the payment of the amount due under the mortgage, which demand was not complied with; that the failure to enter the writ dated January 31, 1916, made the defendant a trespasser ab initia; that the second writ, dated February 7, 1916, summoning the plaintiff as…
2Cases cited2 opinions
- Hanly v. DavisMassachusetts Supreme Judicial Court · 1896
- Shapira v. WalkerMassachusetts Supreme Judicial Court · 1917
3Cited by2 opinions
- Symes v. FletcherSupreme Court of Vermont · 1921
- Gould v. HuffSupreme Judicial Court of Maine · 1931