Bennett v. Bailey
Massachusetts Supreme Judicial Court
Tort. The first count of the amended declaration was for damages caused by the alleged misconduct of the defendant in conducting a sale under a foreclosure of a mortgage of personal property given to him by the plaintiff; the third count was for a conversion of part of the property sold, which it was alleged was not covered by the mortgage. Trial in the Superior Court, before Staples, J., who allowed a bill of exceptions, which, so far as material, is as follows.
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Tort. The first count of the amended declaration was for damages caused by the alleged misconduct of the defendant in conducting a sale under a foreclosure of a mortgage of personal property given to him by the plaintiff; the third count was for a conversion of part of the property sold, which it was alleged was not covered by the mortgage. Trial in the Superior Court, before Staples, J., who allowed a bill of exceptions, which, so far as material, is as follows. On March 10, 1886, the plaintiff, to secure a note signed by him and payable on demand to the defendant, executed a mortgage to the…
1Opinion of the Court
•Knowlton, J.
It was settled in Blanchard v. Cooke, 144 Mass. 207, after a careful review and a full consideration of the authorities, that possession of after-acquired personal property, rightfully taken and maintained by a mortgagee, under a mortgage purporting to cover it, gives him a title good not only against the mortgagor, but even against an assignee in insolvency or an attaching creditor. That principle is applicable to the present case. The mortgage under which the defendant took possession covered property afterwards acquired in the plaintiff’s business, and all the goods for which…
2Cases cited3 opinions
- Blanchard v. CookeMassachusetts Supreme Judicial Court · 1887
- Montgomery v. PickeringMassachusetts Supreme Judicial Court · 1874
- Fenton v. TorreyMassachusetts Supreme Judicial Court · 1882
3Cited by14 opinions
- Cambridge Savings Bank v. CroninMassachusetts Supreme Judicial Court · 1935
- Rogers v. BarnesMassachusetts Supreme Judicial Court · 1897
- Salter v. LeventhalMassachusetts Supreme Judicial Court · 1958
- Wasserman v. McDonnellMassachusetts Supreme Judicial Court · 1906
- Ayers, Weatherwax & Reid Co. v. SundbackSouth Dakota Supreme Court · 1894
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