Baker v. Lothrop
Massachusetts Supreme Judicial Court
Contract, with a count in tort, for the conversion of seven fish tanks. At the trial in the Superior Court, without a jury, before Barker, J., it appeared that the plaintiff, through the act of the defendant’s servant, and without the knowledge of the defendant, caused the tanks to be placed in the defendant’s place of amusement in Boston, called the World’s Museum; that when the defendant learned that the tanks were there, he made several unsuccessful attempts to get the…
Read the full summary
Contract, with a count in tort, for the conversion of seven fish tanks. At the trial in the Superior Court, without a jury, before Barker, J., it appeared that the plaintiff, through the act of the defendant’s servant, and without the knowledge of the defendant, caused the tanks to be placed in the defendant’s place of amusement in Boston, called the World’s Museum; that when the defendant learned that the tanks were there, he made several unsuccessful attempts to get the plaintiff to re. move them, but they had not been removed when the defendant sold the World’s Museum to one Austin, giving…
1Opinion of the CourtLathrop, J.
Although the tanks in question had come into the possession of the defendant without his knowledge or consent, being put in his place of amusement, called the World’s Museum, by his servant, yet it appears that, before he made the sale hereinafter mentioned, he knew they were there, and endeavored to have the 'plaintiff remove them. In this state of affairs he made a bill of sale to one Austin, in which the subject matter of the sale was described as “ all the property now in the World’s Museum.”
The bill of sale excepted a piano and some trifling articles, and no specific mention was made of…
2Cases cited2 opinions
- Edmunds v. HillMassachusetts Supreme Judicial Court · 1882
- Philbrook v. EatonMassachusetts Supreme Judicial Court · 1883
3Cited by11 opinions
- Atlantic Finance Corp. v. GalvamMassachusetts Supreme Judicial Court · 1942
- Edinburg v. Allen-Squire Co.Massachusetts Supreme Judicial Court · 1938
- Hellier v. AchornMassachusetts Supreme Judicial Court · 1926
- Koski v. HaskinsMassachusetts Supreme Judicial Court · 1920
- New England Road Machinery Co. v. Quincy Oil Co.Massachusetts Supreme Judicial Court · 1935
6 more not listed; retrieve them via the Exa API.