Knight v. Nelson

Massachusetts Supreme Judicial Court

Knight v. Nelson

117 Mass. 458, 1875 Mass. LEXIS 264

CourtMassachusetts Supreme Judicial Court

DecidedApril 9, 1875

StatusPublished

Cited by12 cases

This text of 117 Mass. 458 (Knight v. Nelson) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Knight v. Nelson, 117 Mass. 458, 1875 Mass. LEXIS 264 (Mass. 1875).

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Opinion

Gray, C. J.

The defendants, at the request of the officer, and with knowledge that the plaintiff claimed some of the goods which he had attached, having given him a bond of indemnity, in the usual form, against all suits, damages and costs “ by reason of the said attachment, or any further intermeddling of ” the officer “ by virtue of said process,” (not limited in any way to the goods which they had originally directed him to attach,) assumed the responsibility of his acts, and were liable to the plaintiff for the subsequent conversion of his goods; and the judgment against [460]*460the officer, without satisfaction, is no bar to this action. Murray v. Lovejoy, 2 Clif. 191, and 3 Wall. 1. Herring v. Hoppock, 15 N. Y. 409. Elliott t. Hayden, 104 Mass. 180.

Judgment for the plaintiff.

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Gray, C. J.

The defendants, at the request of the officer, and with knowledge that the plaintiff claimed some of the goods which he had attached, having given him a bond of indemnity, in the usual form, against all suits, damages and costs “ by reason of the said attachment, or any further intermeddling of ” the officer “ by virtue of said process,” (not limited in any way to the goods which they had originally directed him to attach,) assumed the responsibility of his acts, and were liable to the plaintiff for the subsequent conversion of his goods; and the judgment against [460]*460the officer, without satisfaction, is no bar to this action. Murray v. Lovejoy, 2 Clif. 191, and 3 Wall. 1. Herring v. Hoppock, 15 N. Y. 409. Elliott t. Hayden, 104 Mass. 180.

Judgment for the plaintiff.

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Bluebook (online)

117 Mass. 458, 1875 Mass. LEXIS 264, Counsel Stack Legal Research, https://law.counselstack.com/opinion/knight-v-nelson-mass-1875.

Opinion

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