Allen v. Goodnow
Supreme Judicial Court of Maine
On report. Replevin of a stock of furniture in a store on Lisbon street, Lewiston. The plaintiffs claimed under a chattel mortgage, the material portions of which are given in the opinion.
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On report. Replevin of a stock of furniture in a store on Lisbon street, Lewiston. The plaintiffs claimed under a chattel mortgage, the material portions of which are given in the opinion. The defendants did not deny the plaintiffs’ title to a portion of the goods replevied, but claimed that since the execution of the mortgage, they had purchased on credit, and not with the proceeds of any portion of the goods mortgaged, other goods, which at the time of the trial liad not been paid for, and that such goods purchased on credit and not yet paid for, could not be held under the mortgage, and…
1Opinion of the CourtLiBBEr, J.
The plaintiffs claim the property replevied by mortgage from the defendants to them, dated November 15,1875. The defendants claim a portion of the property, on the ground that it is not embraced in the mortgage. The clauses in the mortgage to be considered in determining the rights of the parties are as follows : It conveys " the building and appurtenances owned and occupied by us as a furniture store . . . being the same lately owned and occupied by said Allen & Maxwell; and all the stock in trade, fixtures and property of every name and nature now in said store, with the right and privilege…
2Cited by8 opinions
- Ayers, Weatherwax & Reid Co. v. SundbackSouth Dakota Supreme Court · 1894
- Kenney v. HurlburtOregon Supreme Court · 1918
- Noyes v. RossMontana Supreme Court · 1899
- Berman v. GriggsSupreme Judicial Court of Maine · 1950
- Armstrong v. FordWashington Supreme Court · 1894
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