Bonney v. Smith
Massachusetts Supreme Judicial Court
Bonney v. Smith, 121 Mass. 155 (Mass. 1876)
1876 Mass. LEXIS 314
Bonney v. Smith
Opinion of the Court
If the facts stated in the bill of exceptions afforded any evidence of a conversion to be submitted to the jury, they certainly did not constitute a conversion as matter of law. The facts warranted, if they did not require, the jury to find that the defendant never distrained or impounded the cow, and would have delivered her to the plaintiff at any time, but for his obstinacy in refusing to receive her, and that the cow was rightfully turned by the defendant into the highway. Stevens v. Curtis, 18 Pick. 227. New trial ordered.
Reference
- Full Case Name
- James Bonney v. Charles J. Smith
- Status
- Published