Massachusetts Supreme Judicial Court, 1885

Wells v. Connable

Wells v. Connable
Massachusetts Supreme Judicial Court · Decided February 27, 1885 · Morton
138 Mass. 513; 1885 Mass. LEXIS 243
Wells v. Connable

Cases that cite this one

7 later published cases cite this decision.

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Morton, C. J.

We are of opinion that the second count of .the plaintiff’s declaration is a count in tort in the nature of trover. *515It alleges that the defendant “ has converted said property to his own use.” This allegation cannot be rejected as surplusage; it gives character to the count.

If the defendant had demurred to the count, he would have been met by the answer that it was a good count in trover. The count means the same as if it had been, in form, that the defendant has converted the property to his own use by a sale without notice to the plaintiff. The defendant has the right thus to interpret it, and to come to the trial relying upon the settled law that a mortgagor cannot maintain trover against his mortgagee. Landon v. Emmons, 97 Mass. 37. Exceptions sustained.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.