[DOWNLOAD] "Hyland v. Hyland" by Supreme Judicial Court of Massachusetts # eBook PDF Kindle ePub Free
eBook details
- Title: Hyland v. Hyland
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 26, 1932
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
FIELD, J. This action of tort for conversion of a motor truck was brought in the District Court. The trial Judge denied certain rulings requested by the defendant and found for the plaintiff. A report to the Appellate Division was dismissed and the defendant appealed. The action concerns a motor truck purchased from the International Harvester Company of America, herein referred to as the seller. The Judge found 'that, as between the plaintiff and the defendant, the former was the real purchaser of the * * * truck * * * that, as between the plaintiff and the defendant, the beneficial title to the truck vested in the former at the time of such purchase, said beneficial interest being paid for by the delivery to and acceptance by the defendant of thirteen unsecured promissory notes of the plaintiff, totaling the purchase price of $1,765; that nine of these notes were paid by the plaintiff, three were sold by the defendant to the William H. Flood Coal Co., which reduced them to a judgment against the plaintiff, upon which judgment he is now paying, and the remaining note for $300 was retained by the defendant who has not returned nor at any time offered to return it to the plaintiff; that, when the notes due the * * * upon the conditional sale contract covering the truck were paid in full, legal title to the truck vested in the plaintiff and merged with the equitable title, which was already in him; that the action and expressed intention of the defendant deprived the plaintiff of possession of the truck to which he was rightfully entitled, and constituted a conversion of the truck.' The only questions of law raised by the report are whether it was error for the Judge to refuse to make the following rulings, as requested by the defendant, (a) 'Upon all the law and evidence the plaintiff cannot prevail in that upon the evidence taken most favorably for him it can't be found that title, legal or equitable, to the truck in question was lodged in the plaintiff,' and (b) 'There is no evidence of a conversion of said truck by the defendant.' The other so called 'rulings' requested involved findings of fact, and the refusal to make them is not reviewable here. Duggan v. Matthew Cummings Co. (Mass.) 178 N.E. 825.