Thacher v. Pray
Massachusetts Supreme Judicial Court
Action in which counts in contract were joined with a count in tort. The declaration was as follows: “ And the plaintiff says the defendant has converted to his own use a horse, the property of the plaintiff. “ And the plaintiff says the defendant owes him two hundred and fifty dollars, for a horse sold and delivered by the plaintiff to the defendant.
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Action in which counts in contract were joined with a count in tort. The declaration was as follows: “ And the plaintiff says the defendant has converted to his own use a horse, the property of the plaintiff. “ And the plaintiff says the defendant owes him two hundred and fifty dollars, for a horse sold and delivered by the plaintiff to the defendant. “ And the plaintiff says he owned a certain horse of the value of two hundred and fifty dollars, which was left for keeping with one Gray in Providence, Rhode Island; and said Gray, assuming to act with authority to sell said horse, sold and…
1Opinion of the CourtEndicott, J.
The instructions upon which this case was given to the jury failed to notice an important portion of the evidence. If the only dealings between the plaintiff and Gray related to this horse, and the money paid for the horse by the defendant to Gray, who had no authority to sell, had been sent to the plaintiff, the taking and keeping it might be a ratification of the sale by Gray; or if the plaintiff had wished to rescind it, he should return the money so received. But the evidence in the case required other and further instructions. It appeared that the plaintiff had sent potatoes to Gray for…
2Cases cited1 opinion
- Spooner v. HolmesMassachusetts Supreme Judicial Court · 1869
3Cited by28 opinions
- Atlantic Cotton Mills v. Indian Orchard MillsMassachusetts Supreme Judicial Court · 1888
- Farmer v. Bank of GraettingerSupreme Court of Iowa · 1906
- Wheeler v. Northwestern Sleigh Co.U.S. Circuit Court for the District of Eastern Wisconsin · 1889
- American Export & Inland Coal Corp. v. Matthew Addy Co.Ohio Supreme Court · 1925
- Johnston v. Milwaukee & Wyoming Investment Co.Nebraska Supreme Court · 1896
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