Mulloney v. Black
Massachusetts Supreme Judicial Court
Tort for conversion of $720. Writ dated September 23, 1920. In the Superior Court the action was heard by McLaughlin, J., without a jury, upon a statement of agreed facts described in the opinion. The judge found for the plaintiff in the sum of $788.73; and the defendant appealed.
1Opinion of the CourtCrosby, J.
This is an action of tort for the alleged conversion of $720. The case was submitted to the trial judge upon an agreed statement of facts; there was a finding for the plaintiff.
An agreement under seal, dated September 25, 1918, in which the plaintiff’s intestate (one O’Neill), the defendant, and others, are described as parties of the first part, recites that it is to bind them and their successors, heirs and assigns unless otherwise expressly stated. The party of the second part is described as Edward A. Golden, but he did not sign the agreement. After reciting that the parties of the first…
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