Jenness v. Shrieves
Massachusetts Supreme Judicial Court
Tort, by the mortgagee of certain articles of personal property under a mortgage made by Carrie J. Coombs against a constable of tlie city of Boston, for an alleged conversion of the property.
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Tort, by the mortgagee of certain articles of personal property under a mortgage made by Carrie J. Coombs against a constable of tlie city of Boston, for an alleged conversion of the property. Writ in the Municipal Court of the City of Boston dated August 5, 1902. On appeal to the Superior Court the case was tried before Wait, J. It appeared that before June 4, 1902, Carrie J. Coombs was the owner of the articles of personal property in question which then were in a building numbered 377 on Columbus Avenue in Boston. On that day she mortgaged them to the plaintiff to secure the payment of…
1Opinion of the CourtLoring, J.
The defendant’s first contention is that the possession which the plaintiff got by taking the furniture from Manchester was wrongful, and that a wrongful possession will not support an action of trover. His argument in support of this contention is that after Manchester had been served with the trustee writ the furniture held by her was in custodia legis, *73and the plaintiff could not rightfully get possession by taking it from her, citing in that connection Rockwood v. Varnum, 17 Pick. 289, Shaw, C. J. in Allen v. Hall, 5 Met. 263, 265. See Martin v. Bayley, 1 Allen, 381, 383.
That argument…
2Cases cited4 opinions
- Duggan v. WrightMassachusetts Supreme Judicial Court · 1892
- Boynton v. WarrenMassachusetts Supreme Judicial Court · 1868
- Porter v. WarrenMassachusetts Supreme Judicial Court · 1876
- Drysdale v. WaxMassachusetts Supreme Judicial Court · 1900
3Cited by7 opinions
- Palmer v. MarceilleSupreme Court of Vermont · 1934
- Athol Savings Bank v. BennettMassachusetts Supreme Judicial Court · 1909
- Shapira v. WalkerMassachusetts Supreme Judicial Court · 1917
- Banca Italiana Di Sconto v. Columbia Counter Co.Massachusetts Supreme Judicial Court · 1926
- Coldwater v. State Highway CommissionMontana Supreme Court · 1945
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