Wells v. Connable
Cases that cite this one
7 later published cases cite this decision.
- Harvey v. Anacone (Me. 1936)
- Hudon v. First Safe Deposit National Bank of New Bedford (Mass. Dist. Ct., App. Div. 1962)
- Donahue v. Leventhal (Mass. 1939)
- Baird v. Olsheski (Cal. Ct. App. 1929)
- Ettinger v. Norton (Ill. App. Ct. 1907)
- Wells v. White (Mass. 1886)
- Dahill v. Booker (Mass. 1885)
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
We are of opinion that the second count of .the plaintiff’s declaration is a count in tort in the nature of trover.
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.