Googins v. Gilmore
Supreme Judicial Court of Maine
On Report by Appleton, J. This was an action of trespass against the defendant for taking certain merchandize as an officer, on a writ in favor of James Pratt, against Warren R. Boynton, Nov. 10, 1857. On the 22d day of October, 1857, Boynton mortgaged to the plaintiff all the goods in his store in Bangor, consisting of groceries, meats, fruits and vegetables, to secure two notes of $500 each, payable in six and twelve months.
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On Report by Appleton, J. This was an action of trespass against the defendant for taking certain merchandize as an officer, on a writ in favor of James Pratt, against Warren R. Boynton, Nov. 10, 1857. On the 22d day of October, 1857, Boynton mortgaged to the plaintiff all the goods in his store in Bangor, consisting of groceries, meats, fruits and vegetables, to secure two notes of $500 each, payable in six and twelve months. The mortgage was duly recorded, October 23, 1857. The mortgage contained a proviso, that Boynton should continue in possession “without denial or interruption of the…
1Opinion of the Court
The opinion of the Court was drawn up by
Appleton, J.
The plaintiff, as mortgagee, seeks to recover damages for certain mortgaged property, the taking of which the defendant justifies as an officer, under certain precepts against the mortgager.
After the evidence .on the part of the plaintiff was closed, the counsel for the defendant moved a nonsuit on three several grounds.
1. It appeared in evidence that the mortgage was given to secure a note of one thousand dollars; that the mortgagee had advanced five hundred dollars and had agreed to advance the balance; and that the mortgage was given as…
2Cases cited1 opinion
- McGill's creditors v. McGill's administratorCourt of Appeals of Kentucky · 1859
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- Berlein v. EddySupreme Court of Florida · 1925
- Lowden Savings Bank v. ZellerSupreme Court of Iowa · 1923
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