Porter v. Warren
Massachusetts Supreme Judicial Court
Tort, by a mortgagee of personal property against an attaching officer, for the conversion of the mortgaged property. Trial in the Superior Court, before Allen, J., who, by consent of the parties before verdict, reported the case for the consideration of his court on the question whether judgment should be entered tor the plaintiff for the sum of $827.46, the amount of the mortgage debt, or for the sum of $775.25, the net proceeds of the sale of the goods by the defendant,…
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Tort, by a mortgagee of personal property against an attaching officer, for the conversion of the mortgaged property. Trial in the Superior Court, before Allen, J., who, by consent of the parties before verdict, reported the case for the consideration of his court on the question whether judgment should be entered tor the plaintiff for the sum of $827.46, the amount of the mortgage debt, or for the sum of $775.25, the net proceeds of the sale of the goods by the defendant, who sold them as perishable property under the Gen. Sts. c. 123, §§ 73-77. The facts of the case appear in the opinion.
1Opinion of the CourtMorton, J.
The material facts in this case are as follows! The plaintiff, being the mortgagee of certain goods, took possession of them under his mortgages for a breach of the condition thereof. The defendant, who is a deputy sheriff, on March 30, 1875, while the goods were in the possession of the plaintiff, attached and seized them upon two writs against the mortgagor, both served upon the same day. One was a writ in favor of Thomas S. Nowell, in which the plaintiff was summoned as trustee, and the other a common writ of attachment in favor of John Bath. On the same day the plaintiff duly made a…
2Cases cited2 opinions
- Boynton v. WarrenMassachusetts Supreme Judicial Court · 1868
- Jackson v. ColcordMassachusetts Supreme Judicial Court · 1873
3Cited by11 opinions
- Jenness v. ShrievesMassachusetts Supreme Judicial Court · 1905
- Shapira v. WalkerMassachusetts Supreme Judicial Court · 1917
- McDonald v. FaulknerMassachusetts Supreme Judicial Court · 1891
- Allen v. WrightMassachusetts Supreme Judicial Court · 1883
- Costa v. GoldenbergMassachusetts Supreme Judicial Court · 1927
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