Fletcher v. Wrighton
Massachusetts Supreme Judicial Court
Tort by a mortgagee of personal property against a constable for the alleged conversion of the mortgaged property attached and sold on execution by the defendant. Writ dated September 22, 1900. At the trial in the Superior Court before Bond, J., the jury returned a verdict for the defendant; and the plaintiff alleged exceptions.
1Opinion of the CourtKnowlton, C. J.
This is an action of tort for the alleged conversion of certain goods of which the plaintiff was a mortgagee. The defendant justifies his interference with the property by saying that he attached it as a constable under a writ against the mortgagor, and subsequently sold it upon the execution issued in the case. The contentions relied on by the plaintiff are two: first, that inasmuch as the writ was not a trustee process and the attachment was made under the R. L. c. 167, § 69, and the amount demanded by the plaintiff as due him under the mortgage was not paid within ten days, it is not open…
2Cases cited7 opinions
- Paine v. FarrMassachusetts Supreme Judicial Court · 1875
- Wiggin v. AtkinsMassachusetts Supreme Judicial Court · 1884
- Jackson v. ColcordMassachusetts Supreme Judicial Court · 1873
- McDonald v. FaulknerMassachusetts Supreme Judicial Court · 1891
- Firth v. HaskellMassachusetts Supreme Judicial Court · 1889
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Treasurer of City of Boston v. SchaperoMassachusetts Supreme Judicial Court · 1914
- FinniganMassachusetts Land Court · 1902
- Kovner v. McDonaldMassachusetts District Court, Appellate Division · 1942