False Imprisonment. Assault and Battery. Bankruptcy. Jurisdiction. Conversion.
If a mortgagee of personal property of a bankrupt, having met by appointment the trustee in bankruptcy of the estate of the mortgagor, goes with him into the shop of the bankrupt, and, after having looked over and checked the property, tries to go out from the shop but finds the door fastened, and is told by the trustee in bankruptcy that the door was locked by his orders, the trustee saying to the plaintiff that he had the door locked because he "didn't know but that the plaintiff would have a gang there," and if, after sharp words with the trustee about the locking of the door, the mortgagee raps on the door which immediately is unlocked and he passes out, and the trustee then relocks the door, this is no evidence to support an action for false imprisonment by the mortgagee against the trustee in bankruptcy.
If, with the permission of the owner of a building, a mortgagee of personal property of a bankrupt who has a shop in the building enters the shop, when the trustee in bankruptcy of the estate of the mortgagor appears, and says that he will try to put him out of the shop, and the two wrestle with each other for some time, but the trustee in bankruptcy, being unable to put out the mortgagee, leaves without doing it, and the mortgagee suffers no injury, this gives the mortgagee a right of action against the trustee in bankruptcy for nominal damages for assault and battery in having used force on the person of the mortgagee against his will and without justification of law.
Where a trustee in bankrupty has taken possession of the shop of the bankrupt and its contents and has locked the door of the shop and kept the key, this brings the property of the bankrupt in the shop within the jurisdiction of the court of bankruptcy, and one holding a mortgage on property of the bankrupt in the shop, who has become a party to the proceedings in bankruptcy, cannot obtain a revision of a decree of that court by bringing an action against the trustee in bankruptcy in a court of this Commonwealth for an alleged conversion of the property.
KNOWLTON, C.J.
The plaintiff's claim of damages for false imprisonment is not sustained by the evidence. The testimony shows that the locking of the door was not to imprison the plaintiff, but for another purpose. As soon as the plaintiff made known his desire to go out the door was unlocked, and the plaintiff suffered no injury nor damage. At the time of the alleged assault the plaintiff had entered the shop with the permission of the owner. The defendant, appearing later, objected, and said he would try to put the plaintiff out of the shop. "At once the plaintiff and defendant wrestled with each other, and after some time the defendant, not being able to put the plaintiff out, left the premises." Here was a use of force upon the person of the plaintiff, against his will and without justification in law. For this the plaintiff has a right of action, and may recover nominal damages. Commonwealth v. Collberg, 119 Mass. 350.
The appointment of the defendant as trustee in bankruptcy and his locking of the bankrupt's shop brought the bankrupt's property in the shop, including that covered by the plaintiff's mortgage, within the jurisdiction of the bankruptcy court. Ayers v. Farwell, 196 Mass. 349. White v. Schloerb, 178 U.S. 542. In re Kellogg, 121 Fed. Rep. 333, 336. That court, therefore, could deal with the property, and determine the rights of claimants of it. In re Union Trust Co. 122 Fed. Rep. 937. In re Worland, 92 Fed. Rep. 893, 896. In re Waterloo Organ Co. 118 Fed. Rep. 904, 906. In re Wilka, 12 Am. B.R. 727. The plaintiff was a party to the proceedings in the court of bankruptcy under which the defendant acted in the final disposition of the property. He did not seek a revision of these proceedings in a higher tribunal, and we cannot revise them here. If there was error in them, which we do not intimate, the court had jurisdiction of the parties and the subject matter, and its orders were binding. The defendant, as a trustee acting under such orders, is not liable in this action.
Judgment for the plaintiff for nominal damages.