Dempsey v. Gardner
Massachusetts Supreme Judicial Court
Tort for the conversion of a horse. The defendant,' a constable, justified' under a writ against Margaret C. Dempsey, the plaintiff’s mother, by virtue of which he attached and sold the horse as her property.
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Tort for the conversion of a horse. The defendant,' a constable, justified' under a writ against Margaret C. Dempsey, the plaintiff’s mother, by virtue of which he attached and sold the horse as her property. At the trial in the Superior Court, before Pitman, J., the plaintiff contended that he was the owner of the horse at the time of the attachment; and offered evidence tending to show that, about three months before the attachment, having previously advanced to his mother considerable sums of money, equal to or greater than the value of the horse, he received from her, upon payment of $15…
1Opinion of the CourtGray, C. J.
If the testimony at the trial was believed, the title in the horse passed as between the parties to the sale. *382Pratt v. Parkman, 24 Pick. 42, 46. Morse v. Sherman, 106 Mass. 430. Dugan v. Nichols, 125 Mass. 43.
But by the law as established in this Commonwealth, it was necessary, as against subsequent purchasers or attaching creditors, that there should be a delivery of the property. No such delivery, actual or symbolical, was proved. The buyer did no act by way of taking possession or exercising ownership, and the seller did not agree to hold or keep the horse for him. The plaintiff’s counsel,…
2Cases cited4 opinions
- Morse v. ShermanMassachusetts Supreme Judicial Court · 1871
- Ingalls v. HerrickMassachusetts Supreme Judicial Court · 1871
- Thorndike v. BathMassachusetts Supreme Judicial Court · 1873
- Dugan v. NicholsMassachusetts Supreme Judicial Court · 1878
3Cited by12 opinions
- Hallgarten v. OldhamMassachusetts Supreme Judicial Court · 1883
- Clark v. WilliamsMassachusetts Supreme Judicial Court · 1906
- Thacher v. MoorsMassachusetts Supreme Judicial Court · 1883
- Davis, Mallory & Co. v. Meyer & Co.Supreme Court of Arkansas · 1886
- Harlow v. HallMassachusetts Supreme Judicial Court · 1882
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