Wellington v. Wentworth

Massachusetts Supreme Judicial Court

Wellington v. Wentworth

49 Mass. 548

CourtMassachusetts Supreme Judicial Court

DecidedOctober 15, 1844

StatusPublished

This text of 49 Mass. 548 (Wellington v. Wentworth) 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

Wellington v. Wentworth, 49 Mass. 548 (Mass. 1844).

Pincite

Opinion

Shaw, C. J.

The court can perceive, in this case, no prool of a conversion. There was certainly no unlawful taking of the cow. On the contrary, it was the plaintiff’s own fault that his cow was at large in the highway, and entered the defendant’s drove. Rev. Sts. c. 19, <§> 22. Wild v. Skinner, 23 Pick. 251. Nor can we perceive any evidence of a conversion by a refusal to deliver the cow upon demand. For aught that appears, the cow was delivered on the first notice of the plaintiff that she was his property, and request to deliver her up; and we are to consider that such was the fact.

Plaintiff nonsuit.

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Shaw, C. J.

The court can perceive, in this case, no prool of a conversion. There was certainly no unlawful taking of the cow. On the contrary, it was the plaintiff’s own fault that his cow was at large in the highway, and entered the defendant’s drove. Rev. Sts. c. 19, <§> 22. Wild v. Skinner, 23 Pick. 251. Nor can we perceive any evidence of a conversion by a refusal to deliver the cow upon demand. For aught that appears, the cow was delivered on the first notice of the plaintiff that she was his property, and request to deliver her up; and we are to consider that such was the fact.

Plaintiff nonsuit.

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Bluebook (online)

49 Mass. 548, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wellington-v-wentworth-mass-1844.