Russell v. Martin
Massachusetts Supreme Judicial Court
Contract on a check of the defendant dated March 23, 1917, for $50.50 and on four promissory notes, each for $50, payable respectively on April 8, May 8, June 8 and July 8, 1917. Writ'in the First District Court of Essex dated July 11, 1917. On appeal to the Superior Court the case was tried before Dana, J. The evidence is described in the opinion.
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Contract on a check of the defendant dated March 23, 1917, for $50.50 and on four promissory notes, each for $50, payable respectively on April 8, May 8, June 8 and July 8, 1917. Writ'in the First District Court of Essex dated July 11, 1917. On appeal to the Superior Court the case was tried before Dana, J. The evidence is described in the opinion. The check and notes sued upon were given under a contract of conditional sale of a motor truck, which was as follows: “Know all men by these presents "That I, Sarkis Martin, of Salem, County of and State of Massachusetts, have received and hired of…
1Opinion of the CourtBraley, J.
It is settled, that where, as in the case at bar, a chattel is hired for a stipulated sum, a part of which is paid in cash when the bargain is struck, while the remainder is to be paid in instalments according to the terms of eight promissory notes given as collateral security for the price, each of which is for the amount of one instalment, but the title is not to pass until payment of the entire price, and, upon default in the payment of any instalment the lessor has the right to take immediate possession, the transaction is not a lease but a conditional sale. Hurnanen v. Nicksa, 228 Mass.…
2Cases cited13 opinions
- Connihan v. ThompsonMassachusetts Supreme Judicial Court · 1873
- White v. SolomonMassachusetts Supreme Judicial Court · 1895
- Bailey v. HerveyMassachusetts Supreme Judicial Court · 1883
- Frisch v. WellsMassachusetts Supreme Judicial Court · 1909
- Hurnanen v. NicksaMassachusetts Supreme Judicial Court · 1917
8 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Kolb v. Golden Rule Baking Co.Missouri Court of Appeals · 1928
- Boland v. Essex County Bank and Trust CompanyDistrict Court, D. Massachusetts · 1973
- Silverstin v. Kohler & ChaseCalifornia Supreme Court · 1919
- Bedard v. C. S. Ransom, Inc.Massachusetts Supreme Judicial Court · 1922
- Giligian v. New England Truck Co.Massachusetts Supreme Judicial Court · 1928
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