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NATIONAL CASH REGISTER CO. v. FIRESTONE & CO. INC.

346 Mass. 255 (1963)

191 N.E.2d 471

NATIONAL CASH REGISTER COMPANY vs. FIRESTONE & CO., INC.

Supreme Judicial Court of Massachusetts, Suffolk.

June 21, 1963.

Attorney(s) appearing for the Case

Louis Karp for the defendant.

Alan L. Lefkowitz for the plaintiff.

Robert Braucher, Walter D. Malcolm & Edward L. Schwartz, Massachusetts Commissioners on Uniform State Laws, as amici curiae, submitted a brief.

Present: WILKINS, C.J., WHITTEMORE, CUTTER, KIRK, & REARDON, JJ.

WILKINS, C.J.

In this action of tort for conversion of a cash register there was a finding for the plaintiff. The Appellate Division dismissed a report, and the defendant appealed.

The case was heard on a case stated. The underlying question is the relative standing of two security interests.1 On June 15, 1960, the plaintiff, a manufacturer of cash registers, and one Edmund Carroll, doing business in Canton as Kozy Kitchen, entered...

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