Barrett v. Hart
Ohio Supreme Court
Error to the District Court of Ottawa county. On October 28, A. D. 1878, J. B. Hart, the defendant in error, commenced an action of replevin in the court of common pleas of Ottawa county, Ohio, against Elizabeth Barrett, the plaintiff in error, and one John Mitchell, to recover the possession of a steam tug owned by Elizabeth Barrett, and upon which she had given a mortgage to Hart, to secure the payment of four notes amounting to $750, given for a boiler furnished by Hart…
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Error to the District Court of Ottawa county. On October 28, A. D. 1878, J. B. Hart, the defendant in error, commenced an action of replevin in the court of common pleas of Ottawa county, Ohio, against Elizabeth Barrett, the plaintiff in error, and one John Mitchell, to recover the possession of a steam tug owned by Elizabeth Barrett, and upon which she had given a mortgage to Hart, to secure the payment of four notes amounting to $750, given for a boiler furnished by Hart for the tug. The notes matured on the 24th day of May in each year, commencing in 1878, and the' first note had been paid…
1Opinion of the CourtFollett, J.
Did the district court err in reversing the judgment of the court of common pleas? This depends upon the true construction to be given to the condition in the chattel mortgage that, “ if the said party of the second part shall at any time deem himself in danger of losing said debt, or any part thereof, by delaying the collection thereof, until the expiration of the time above limited for the payment thereof,” then Hart had the right to take possession of the tug; and whether or not Hart was a proper witness to testify, that at the commencement of this action bethought himself in danger of…
2Cases cited8 opinions
- Roy v. GoingsIllinois Supreme Court · 1880
- Bailey v. GodfreyIllinois Supreme Court · 1870
- Cline v. LibbyWisconsin Supreme Court · 1879
- Furlong v. CoxIllinois Supreme Court · 1875
- Huebner v. KoebkeWisconsin Supreme Court · 1877
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