Herscovitz v. Guertin

Supreme Court of Rhode Island

Herscovitz v. Guertin

48 A. 934, 22 R.I. 594, 1901 R.I. LEXIS 56

DecidedApril 20, 1901

StatusPublished

This text of 48 A. 934 (Herscovitz v. Guertin) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Herscovitz v. Guertin, 48 A. 934, 22 R.I. 594, 1901 R.I. LEXIS 56 (R.I. 1901).

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Opinion

Per Curiam.

(1) This case is brought in trover by the plaintiff as trustee for her assignee. It appears that the goods *595 alleged to have been converted were leased on May 5, 1900, and that the assignment was made June 26, 1900. ■ The alleged conversion by demand and refusal, if any there was, occurred after that. Hence, according to Meyers v. Briggs, 11 R. I. 180, the title to the goods had passed to the assignee, and the action should have been brought in his name.

F. H. Beilin, for plaintiff. Ii. J. Carroll, for defendant.

The affidavits show a sufficient ground of accident and mistake. A new trial is granted, and the execution is quashed.

The Eleventh District Court is hereby directed to re-enter said case upon its docket on Wednesday, May 1, 1901, for further proceedings. A certified copy of this order will be forwarded to the clerk of the Eleventh District Court.

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Per Curiam.

(1) This case is brought in trover by the plaintiff as trustee for her assignee. It appears that the goods *595 alleged to have been converted were leased on May 5, 1900, and that the assignment was made June 26, 1900. ■ The alleged conversion by demand and refusal, if any there was, occurred after that. Hence, according to Meyers v. Briggs, 11 R. I. 180, the title to the goods had passed to the assignee, and the action should have been brought in his name.

F. H. Beilin, for plaintiff. Ii. J. Carroll, for defendant.

The affidavits show a sufficient ground of accident and mistake. A new trial is granted, and the execution is quashed.

The Eleventh District Court is hereby directed to re-enter said case upon its docket on Wednesday, May 1, 1901, for further proceedings. A certified copy of this order will be forwarded to the clerk of the Eleventh District Court.

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Bluebook (online)

48 A. 934, 22 R.I. 594, 1901 R.I. LEXIS 56, Counsel Stack Legal Research, https://law.counselstack.com/opinion/herscovitz-v-guertin-ri-1901.