Pomroy v. Lyman

Decided September 15, 1865

Massachusetts Supreme Judicial Court · decided 1865-09-15

Tort for the conversion of a quantity of broom brush. At the trial in the superior court, before Wilkinson, J., it appeared that the broom brush originally belonged to William Brown, who in 1860 executed a bill of sale thereof to the plaintiff, to secure him for certain liabilities assumed for Brown, and delivered to him the possession thereof in Vermont.

Decided 1865-09-15

Gray, J.

¶1There can be no doubt of the right of the plaintiff to maintain this action. At the time of the defendant’s attachment on his writ against Brown in Vermont, the plaintiff was in possession of the property under a claim of title, and all Brown’s interest in the property had passed to his assignee in insolvency under proceedings in this commonwealth by a title which the defendant, a citizen of Massachusetts, could not controvert. Hubbard v. Lyman, 8 Allen, 520. Dehon v. Foster, 4 Allen, 552, 553; S. C. 7 Allen, 57. Hanford v. Paine, 32 Verm. 442. Hoag v. Hunt, 1 Foster, (N. H.) 106.

¶2Exceptions overruled