Chetteville v. Grant
Massachusetts Supreme Judicial Court
Tort against a constable for alleged unlawful acts in attaching property of the plaintiff. Writ in the Municipal Court of the City of Boston dated December 14, 1908. On appeal to the Superior Court the case was tried before Fox, J. It appeared that at the time of the alleged unlawful acts of the defendant the plaintiff was conducting the business of “ladies tailoring” in two rooms leased to him by one Stone, the lease containing a provision, “that if the lessee or his…
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Tort against a constable for alleged unlawful acts in attaching property of the plaintiff. Writ in the Municipal Court of the City of Boston dated December 14, 1908. On appeal to the Superior Court the case was tried before Fox, J. It appeared that at the time of the alleged unlawful acts of the defendant the plaintiff was conducting the business of “ladies tailoring” in two rooms leased to him by one Stone, the lease containing a provision, “that if the lessee or his executors, administrators or assigns do or shall neglect or fail to perform or observe any of the covenants contained in these…
1Opinion of the CourtSheldon, J.
There was no evidence to show what specific property of the plaintiff was attached by the defendant. Of the goods of the plaintiff in the rooms occupied by him as a place of business, some were and some were not exempt from attachment. There was nothing to indicate that the defendant interfered with any of the former goods, and it cannot be presumed that he did so.
Upon the testimony of both parties it appeared that the plaintiff voluntarily surrendered his keys to the defendant, and assented to the defendant’s remaining through his keeper in possession of the attached property upon the…
2Cases cited5 opinions
- Desseau v. HolmesMassachusetts Supreme Judicial Court · 1905
- Morrin v. ManningMassachusetts Supreme Judicial Court · 1910
- Hall v. Joseph Middleby, Jr., Inc.Massachusetts Supreme Judicial Court · 1908
- Gunsenhiser v. BinderMassachusetts Supreme Judicial Court · 1910
- Walsh v. BrownMassachusetts Supreme Judicial Court · 1907
3Cited by6 opinions
- Shannon v. JacobsonMassachusetts Supreme Judicial Court · 1928
- Zevitas v. AdamsMassachusetts Supreme Judicial Court · 1931
- Magaw v. BealsMassachusetts Supreme Judicial Court · 1922
- Snyder v. HartCourt of Appeals for the D.C. Circuit · 1935
- Bourisk v. Derry Lumber Co.Supreme Judicial Court of Maine · 1931
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