Brintnall v. Smith
Massachusetts Supreme Judicial Court
Petitioh, under Pub. Sts. c. 192, § 32, to establish a lien for the boarding and keeping of certain horses belonging to the defendants. Trial in the Superior Court, before Dunbar, J., who reported the case for the determination of this court, in substance as follows.
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Petitioh, under Pub. Sts. c. 192, § 32, to establish a lien for the boarding and keeping of certain horses belonging to the defendants. Trial in the Superior Court, before Dunbar, J., who reported the case for the determination of this court, in substance as follows. The horses for whose board and keeping a lien is claimed, were left at the stable of the plaintiff by Tobin Brothers, who held the horses under a conditional bill of sale from the defendants, in whom was the legal title. When the plaintiff took possession of the horses under the lien, they were worn out and unfit for use, and he…
1Opinion of the CourtMorton, J.
As we understand the report, the court ruled, as matter of law, that the plaintiff’s conduct in using and letting the horses, and in appropriating to his own use what he received, constituted a conversion. We think that this was error, and that the question should have been left to the jury. The plaintiff was rightfully in possession under his lien, but the horses were not his, and he was bound to take due care of them. And there was evidence tending to show they needed exercise, and that it was better for them “ to use them some.” The plaintiff was not guilty of conversion unless he did…
2Cases cited2 opinions
- Spooner v. HolmesMassachusetts Supreme Judicial Court · 1869
- Spooner v. ManchesterMassachusetts Supreme Judicial Court · 1882
3Cited by4 opinions
- Rourke v. Cadillac Automobile Co.Massachusetts Supreme Judicial Court · 1929
- Scollard v. BrooksMassachusetts Supreme Judicial Court · 1898
- Berry v. FriedmanMassachusetts Supreme Judicial Court · 1906
- Smith v. HurleySupreme Court of Rhode Island · 1909