Clark v. Dearborn
Massachusetts Supreme Judicial Court
Tort against a deputy sheriff for conversion of a cargo of lumber, alleged to be property of the plaintiffs. Writ dated December 24,1867. The answer denied every allegation in the declaration, and set up a special property in the lumber in the defendant, by reason of his having attached it November 23 1867, on a writ in favor of Amos Pike against Edward A. For-bush, alleged to be the owner thereof.
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Tort against a deputy sheriff for conversion of a cargo of lumber, alleged to be property of the plaintiffs. Writ dated December 24,1867. The answer denied every allegation in the declaration, and set up a special property in the lumber in the defendant, by reason of his having attached it November 23 1867, on a writ in favor of Amos Pike against Edward A. For-bush, alleged to be the owner thereof. At the trial in the superior court, before Lord, J., the plaintiffs introduced evidence tending to show that Forbush, living at Kinston, North Carolina, and being the owner of the lumber, sent it,…
1Opinion of the CourtWells, J.
There appears to be no dispute about most of the facts necessary for the decision of this case, namely: that For-bush was the general owner of the property sued for; that he was indebted to Mitchell, Allen & Company for advances or otherwise; that he consigned this lumber to them to secure that debt, “ with authority to ship and sell the same ; ” that Mitchell Allen & Company consigned it to the plaintiffs for sale on their account, and forwarded to them the bill of lading and their letter of instructions.
The consignment to Mitchell, Allen & Company gave then® a special property in the lumber…
2Cases cited2 opinions
- Adams v. O'ConnorMassachusetts Supreme Judicial Court · 1868
- Davis v. BallMassachusetts Supreme Judicial Court · 1850
3Cited by6 opinions
- First National Bank v. BoyceCourt of Appeals of Kentucky · 1879
- Bigelow v. CapenMassachusetts Supreme Judicial Court · 1887
- National Exchange Bank v. Graniteville Manufacturing Co.Supreme Court of Georgia · 1887
- Ashcroft v. SimmonsMassachusetts Supreme Judicial Court · 1890
- Magnifico v. NicholsonMassachusetts Supreme Judicial Court · 1928
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