Gilson v. Gwinn
Massachusetts Supreme Judicial Court
Tort for the conversion of a sewing machine. At the trial in • the superior court, before Reed, J., the plaintiff introduced evidence tending to show that, being the owner of the machine, he let it to Betsey Bunton for a dollar a week, payable in advance; that she paid for some weeks, but afterwards stopped payment; that" some time after she stopped payment she moved from Springfield Street in Boston, where she had been living, to Myrtle Street, and employed the defendant,…
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Tort for the conversion of a sewing machine. At the trial in • the superior court, before Reed, J., the plaintiff introduced evidence tending to show that, being the owner of the machine, he let it to Betsey Bunton for a dollar a week, payable in advance; that she paid for some weeks, but afterwards stopped payment; that" some time after she stopped payment she moved from Springfield Street in Boston, where she had been living, to Myrtle Street, and employed the defendant, who was licensed to remove furniture from place to place in Boston, to remove her furniture, including the machine, to…
1Opinion of the CourtWells, J.
The lessee of the sewing machine had a right of possession until demand of return by the owner; but she had no right of property which she could transfer, and no authority by which she could confer any right of property upon another. She could not, therefore, give the defendant a lien upon the property for its carriage for her convenience and at her request alone.
The defendant not having a lien upon the property as against the owner, his possession became wrongful when he refused to surrender it to the plaintiff on demand therefor. ■
Judgment on the verdict for the plaintiff.
2Cited by12 opinions
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- Fowler v. ParsonsMassachusetts Supreme Judicial Court · 1887
- Small v. RobinsonSupreme Judicial Court of Maine · 1879
- Bankers' Commercial Security Co. v. BrennanSuperior Court of Pennsylvania · 1920
- Estey Co. v. DickSuperior Court of Pennsylvania · 1910
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