Dame v. C. H. Hanson & Co.
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on March 15, 1911, to redeem certain horses sold by the defendant to one Terrell under contracts in writing called “leases” and mortgaged by Terrell to the plaintiff.
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Bill in equity, filed in the Superior Court on March 15, 1911, to redeem certain horses sold by the defendant to one Terrell under contracts in writing called “leases” and mortgaged by Terrell to the plaintiff. The case was heard by Hitchcock, J., who made a memorandum of findings by which the following facts appeared: On September 29, 1910, and on November 19, 1910, Terrell went to the stable of the defendant in Lowell and purchased the horses in question for about $1,200. The horses were sold to Terrell “upon conditional sales or leases.” These “leases” signed by Terrell contained the…
1Opinion of the CourtMorton, J.
The property in question was sold by the defendant to one Terrell, upon what are termed “ conditional sales or leases.” *126The condition was as follows: “Signed by me [Terrell] and payable to C. H. Hanson & Co., Inc., or order that if said goods and chattels or any part thereof shall be attached or if I shall sell, mortgage, pledge or attempt to sell, mortgage or pledge the same or any part thereof, or shall fail to pay said note at maturity, said C. H. Hanson & Co., Inc., shall have the right without any demand or notice to take immediate possession of said property and hold the same absolutely…
2Cases cited5 opinions
- Day v. BassettMassachusetts Supreme Judicial Court · 1869
- Currier v. KnappMassachusetts Supreme Judicial Court · 1875
- Chase v. IngallsMassachusetts Supreme Judicial Court · 1877
- Swallow v. EmeryMassachusetts Supreme Judicial Court · 1873
- C. B. Cottrell & Sons Co. v. Carter, Rice, & Co.Massachusetts Supreme Judicial Court · 1899
3Cited by22 opinions
- Walker v. HoustonCalifornia Supreme Court · 1932
- Hurnanen v. NicksaMassachusetts Supreme Judicial Court · 1917
- Federal Trust Co. v. Bristol County Street Railway Co.Massachusetts Supreme Judicial Court · 1915
- Coffin v. Northwestern Mutual Fire Ass'nIdaho Supreme Court · 1926
- Keepers v. FleitmannMassachusetts Supreme Judicial Court · 1913
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