Legal Opinion

Marsh v. S. M. S. Co.

Massachusetts Supreme Judicial Court

Decided January 29, 1935PublishedCited by 20 opinions

1Opinion of the CourtPierce, J.

This is an action, of replevin brought in the District Court in which the plaintiff seeks to maintain title and right to possession to an automobile. The answer is a general denial and an allegation that the automobile is not the automobile of the plaintiff but belongs to the defendant.

At the trial there was evidence tending to show that the automobile was sold in 1929 by the defendant to one James P. DeCoste, upon a conditional sale contract which allowed DeCoste “to sell said automobile for cash only,” and required to be held “in trust for the Seller separate from other money of the Buyer…

2Cases cited9 opinions

  1. Silver v. GravesMassachusetts Supreme Judicial Court · 1911
  2. Lorain Steel Co. v. Norfolk & Bristol Street Railway Co.Massachusetts Supreme Judicial Court · 1905
  3. Dondis v. LashMassachusetts Supreme Judicial Court · 1931
  4. Essex County Acceptance Corp. v. Pierce-Arrow Sales Co.Massachusetts Supreme Judicial Court · 1934
  5. Denno v. Standard Acceptance Corp.Massachusetts Supreme Judicial Court · 1931

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3Cited by20 opinions

  1. Union Old Lowell National Bank v. PaineMassachusetts Supreme Judicial Court · 1945
  2. Commercial Credit Corp. v. Stan Cross Buick, Inc.Massachusetts Supreme Judicial Court · 1962
  3. Handy v. C. I. T. Corp.Massachusetts Supreme Judicial Court · 1935
  4. National Shawmut Bank of Boston v. VeraMassachusetts Supreme Judicial Court · 1967
  5. Budget Plan, Inc. v. SavoyMassachusetts Supreme Judicial Court · 1957

15 more not listed; retrieve them via the Exa API.

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