Cobb v. Farr
Massachusetts Supreme Judicial Court
Action of tort against a constable for the conversion of a barrel of whiskey. Trial and verdict for the plaintiff in the superior court of Suffolk at March term 1859, before Huntington, J., to whose rulings the defendant alleged exceptions. The case is stated in the opinion.
1Opinion of the CourtHoar, J.
The plaintiff’s title to certain spirituous liquors which are the subject of this action is under a mortgage duly executed and recorded, in which they are included with other articles in the shop of the mortgagor; the mortgage containing this clause: “ And I hereby agree to apply the proceeds which I may realize on sale of any of the articles above enumerated to purchasing articles of the same kind to be held subject to this mortgage.” The defendant justified under a writ of attachment under which he seized the liquors as the property of the mortgagor, and denied that the mortgage gave the…
2Cited by1 opinion
- Korman v. HenrySupreme Court of Kansas · 1884