Carroll v. Haskins

• Decision Date: 15 October 1912
• Parties: CARROLL v. HASKINS.
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

212 Mass. 593
99 N.E. 477

CARROLL
v.
HASKINS.

Supreme Judicial Court of Massachusetts, Franklin.

Oct. 15, 1912.

Exceptions from Superior Court, Franklin County; Franklin G. Fessenden, Judge.

Action by Arnold L. Carroll against Emmett F. Haskins. Verdict for plaintiff, and defendant excepts. Exceptions overruled.

1. SHERIFFS AND CONSTABLES (s 113*)-LIABILITY-LEVY ON PROPERTY OF THIRD PERSON-TITLE OF PURCHASER.

Though, as between the parties to a sale, title passed, a deputy sheriff, who afterwards attached the property on a writ against the seller, would not be liable for conversion, unless there was actual or constructive delivery thereof to the purchaser.

[Ed. Note.-For other cases, see Sheriffs and Constables, Cent. Dig. ss 186-191; Dec. Dig. s 113.*]

* For other cases see same topic and section NUMBER in Dec. Dig. & Am. Dig. Key-No. Series & Rep'r Indexes

2. SALES (s 201*)-DELIVERY-CONSTRUCTIVE DELIVERY.

Constructive delivery of a load of hay, which was sold while stored in a barn, by designating the hay sold as that being within a certain ‘bent’ in the barn, was sufficient.

[Ed. Note.-For other cases, see Sales, Cent. Dig. ss 529-541; Dec. Dig. s 201.*]

* For other cases see same topic and section NUMBER in Dec. Dig. & Am. Dig. Key-No. Series & Rep'r Indexes

3. SALES (s 230*)-PROPERTY TAKEN-RIGHTS OF CLAIMANT.

In the absence of fraud, an attaching creditor, by levying a writ on property sold by the debtor, could obtain no greater rights than those possessed by the debtor, so that it was immaterial that the quantity of hay measured off by the debtor in selling it was less than the amount agreed to be sold, so far as the rights of the attaching creditor as against the purchaser were concerned.

[Ed. Note.-For other cases, see Sales, Cent. Dig. s 650; Dec. Dig. s 230.*]

* For other cases see same topic and section NUMBER in Dec. Dig. & Am. Dig. Key-No. Series & Rep'r Indexes

[99 N.E. 478]

Frank [212 Mass. 594]J. Lawler, of Greenfield, for plaintiff.

Wm. A. Davenport, of Greenfield, for defendant.

BRALEY, J.

[1] While as between the parties to the sale the title [212 Mass. 595]passed to the plaintiff if the jury believed the evidence, yet the defendant who as a deputy sheriff subsequently attached the property on a writ against the seller is not liable for conversion unless there also was proof of actual or constructive delivery. Marsh v. Hyde, 3 Gray, 331, 333;Packard v. Wood, 4 Gray, 307;Harlow v. Hall, 132 Mass. 232;Clark v. Williams, 190 Mass. 219, 76 N. E. 723...