Haverhill Hardware & Plumbing Supply Co. v. Fellsway Motor Mart, Inc.

This is an action of tort for the alleged conversion by the defendant of an automobile that had been sold to the defendant after its owner had mortgaged it to the plaintiff. The trial judge found for the plaintiff. The Appellate Division ordered the report dismissed, and the defendant appealed. There are no findings of fact apart from the general finding for the plaintiff and findings that were made in connection with the judge’s disposition of some of the defendant’s requests for rulings.

There was evidence that on June 24, 1941, a check of the plaintiff for $900 was “advanced” to one Irving…