Freeman v. Rawson
Ohio Supreme Court
Motion for new trial. Reserved in Cuyahoga county. The Reporter finds no brief for plaintiff. I. Did the court err in its charge to the jury ? In this State, where there has been a mere retention of possession of the mortgaged property by the mortgagor, the rule of law has been uniform, or nearly so, as established in Sombeck v. Vanmetre, 9 Ohio Rep. 153. “ Where the vendor of goods retains possession of goods after sale, whether absolute or conditional, it is prima facie…
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Motion for new trial. Reserved in Cuyahoga county. The Reporter finds no brief for plaintiff. I. Did the court err in its charge to the jury ? In this State, where there has been a mere retention of possession of the mortgaged property by the mortgagor, the rule of law has been uniform, or nearly so, as established in Sombeck v. Vanmetre, 9 Ohio Rep. 153. “ Where the vendor of goods retains possession of goods after sale, whether absolute or conditional, it is prima facie evidence of fraud, but the parties are permitted to show that the sale was still a bona fide sale.” Rut this has not been…
1Opinion of the CourtRanney, J.
Both the plaintiff and defendant were the creditors of one Edward Rawson, who, at the time to which this controversy relates, was the owner of a store of goods in the city of Cleveland, valued at about $15,000. On the 9th of March, 1853, being then indebted to the plaintiff in the sum of $519.29, he gave his promissory note, at 90 days, for the amount, secured by a mortgage upon these goods. Before the maturity of this note, the defendant recovered large judgments against Rawson, and proceeded to levy upon, and sell, all the goods included in the mortgage. The right of the plaintiff to…
2Cases cited1 opinion
- Coburn v. PickeringSuperior Court of New Hampshire · 1826
3Cited by33 opinions
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- Benedict, Hall & Co. v. Renfro Bros.Supreme Court of Alabama · 1883
- Torbert v. HaydenSupreme Court of Iowa · 1861
- In re First Nat. BankCourt of Appeals for the Sixth Circuit · 1905
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