Crocker v. Atwood
Massachusetts Supreme Judicial Court
Tort for the conversion of certain personal property. Trial in the Superior Court, without a jury, before Bacon, J., who found and ordered judgment for the plaintiff; and the defendant alleged exceptions. The facts appear in the opinion.
1Opinion of the CourtW. Allen, J.
The attachment of the property on March 18, 1885, was a breach of the condition that the mortgagor should not suffer the property to be attached on mesne process. It was immaterial that the attachment was void, and that the mortgagor had no attachable interest in the property. It was taken and held by virtue of the attachment as his property, and with his consent and by his procurement. The plaintiff therefore had the right of possession, on March 23, when this suit was commenced, unless the property could be held against him under the attachment. The defendant caused the property to be taken…
2Cases cited2 opinions
- Russell's heirs v. Marks' heirsCourt of Appeals of Kentucky · 1860
- Pine v. MorrisonMassachusetts Supreme Judicial Court · 1876
3Cited by2 opinions
- Everett v. HendersonMassachusetts Supreme Judicial Court · 1888
- Ashcroft v. SimmonsMassachusetts Supreme Judicial Court · 1893