Westheimer v. State Loan Co.
Massachusetts Supreme Judicial Court
Tort for the conversion of four barrels of whiskey. Writ in the Superior Court for the county of Suffolk dated December 10, 1904. At the trial before Bell, J., on June 22,1906, one Westheimer testified by deposition that he was one of the plaintiffs who were a firm engaged in the business of distillers and wholesale liquor dealers, that one Hanley had been employed by the firm as solicitor from the summer of 1903 until some time in September, 1904, when they had discharged…
Read the full summary
Tort for the conversion of four barrels of whiskey. Writ in the Superior Court for the county of Suffolk dated December 10, 1904. At the trial before Bell, J., on June 22,1906, one Westheimer testified by deposition that he was one of the plaintiffs who were a firm engaged in the business of distillers and wholesale liquor dealers, that one Hanley had been employed by the firm as solicitor from the summer of 1903 until some time in September, 1904, when they had discharged him. Hanley’s duties were only to solicit orders for the firm’s goods and to make collections. He was instructed to…
1Opinion of the Court
Knowlton, O. J.
The issues in this case, as stated by the judge in his charge to the jury, are very simple. They are whether the plaintiffs were the owners of the whiskey at the time of the alleged conversion, and whether the defendant converted it. The first issue includes the question whether the goods are identified as property that once belonged to the plaintiffs, and if so, whether they parted with their title before the conversion. There was testimony from one of the plaintiffs, by a deposition, that his firm shipped to one Bowen three barrels of Hornpipe whiskey and one barrel of Boston…
2Cases cited1 opinion
- Pine v. MorrisonMassachusetts Supreme Judicial Court · 1876
3Cited by4 opinions
- Massachusetts Lubricant Corp. v. SoconyVacuum Oil Co.Massachusetts Supreme Judicial Court · 1940
- Geguzis v. Brockton Standard Shoe Co.Massachusetts Supreme Judicial Court · 1935
- Jackins v. BaconCalifornia Court of Appeal · 1923
- Morrison v. Tremont Trust Co.Massachusetts Supreme Judicial Court · 1925