Scigliano v. Palmer
Massachusetts Supreme Judicial Court
Tort for the conversion of one horse, one barrel wagon and one set of harness. Writ in the Police Court of Somerville dated July 3, 1908. On appeal to the Superior Court the case was tried before Dana, J. It appeared that the property alleged to have been converted formerly had been owned by one Silva, who mortgaged it to the plaintiff, the mortgage providing, among other things, that until default the mortgagor might retain possession of the mortgaged property, that he…
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Tort for the conversion of one horse, one barrel wagon and one set of harness. Writ in the Police Court of Somerville dated July 3, 1908. On appeal to the Superior Court the case was tried before Dana, J. It appeared that the property alleged to have been converted formerly had been owned by one Silva, who mortgaged it to the plaintiff, the mortgage providing, among other things, that until default the mortgagor might retain possession of the mortgaged property, that he should not suffer it to be attached on mesne process and that, upon his default in the observance of that condition, the…
1Opinion of the CourtBealey, J.
By the express condition of the mortgage, which had been duly recorded, the attachment of the mortgaged property consisting of “one horse, one barrel wagon and one set of harness,” in the action against the mortgagor entitled the mortgagee as between himself and the mortgagor to immediate possession for the breach. Donahoe v. Gillon, 167 Mass. 24. But the attachment having been valid, and no demand under R. L. *557e. 167, § 69, having been made by the plaintiff on the attaching creditor or on the defendant as the attaching officer, the voluntary release of the attachment if followed by a delivery…
2Cases cited12 opinions
- Lorain Steel Co. v. Norfolk & Bristol Street Railway Co.Massachusetts Supreme Judicial Court · 1905
- Edmunds v. HillMassachusetts Supreme Judicial Court · 1882
- Syndicate v. GuttentagMassachusetts Supreme Judicial Court · 1901
- Hanly v. DavisMassachusetts Supreme Judicial Court · 1896
- Munro v. StoweMassachusetts Supreme Judicial Court · 1900
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3Cited by2 opinions
- Brooks-Skinner Co. v. Boston & Maine RailroadMassachusetts District Court, Appellate Division · 1937
- Shea v. SheaMassachusetts District Court, Appellate Division · 1994