Public-domain · open source
OpenJurist

108 Mass. 52

Wallace v. Bartlett

Massachusetts Supreme Judicial Court

Decided October 15, 1871

Massachusetts Supreme Judicial Court · decided 1871-10-15

Tort for the conversion of chattels alleged to be property of the plaintiff and described in a schedule annexed to the declaration as follows: “ Meat tools and fixtures in room. One pair of platform scales. One hog rack. One salt chest. Threti lamps. Three pails. One meat frame and hooks. One block. Two benches. Two boxes for sausages. One sausage cutter and filler. Two boxes. One stove and kettle. One lard press and cooler. One pair of ice tongs. One pair of ice blocks.

Good law ✅— No negative treatment on recordhow we know

Decided 1871-10-15

How this case has been cited

Cited by 6 later decisions — most recently November 1924

1 district · 4 state decisions

20187118801890190019101920decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Gbay, J.

¶1The plaintiff claims the chattels in question, under the bankrupt act of 1867, o. 176, § 14, as being exempt from execution by the Gen. Sts. c. 133, § 32, cl. 5, as “ tools, implements and fixtures necessary for carrying on his trade or business.”

¶2The well settled construction of this enactment is that it is intended for the protection of mechanics, artisans and handicrafts-*54men, and others whose manual labor and skill afford means of earning their livelihood. It has accordingly been applied to tailors, shoemakers, milliners, fiddlers and carriage makers. Dowling v. Clark, 1 Allen, 283, and 3 Allen, 570. Daniels v. Hayward, 5 Allen, 43. Rayner v. Whicher, 6 Allen, 292. Woods v. Keyes, 14 Allen, 236. Goddard v. Chaffee, 2 Allen, 395. Eager v. Taylor, 9 Allen, 156. But it has been held not to include those merely engaged in the business of buying and selling merchandise, nor to exempt the weights and measures, horses and carriages, or other articles, used by them in their trade. Wilson v. Elliot, 7 Gray, 69. Gibson v. Gibbs, 9 Gray, 62. Read v. Neale, 10 Gray, 242.

¶3The only business in which the plaintiff was engaged was the keeping of a meat market and grocer’s shop. He was a shopkeeper and not a handicraftsman. He therefore fails to prove that the articles sued for were exempt from attachment or execution, and cannot maintain his action. Clapp v. Thomas, 5 Allen, 158.

¶4Judgment for the defendant.

/108/mass/52 · .json · Public domain