Stewart v. Hanson
Supreme Judicial Court of Maine
On Exceptions from Nisi Prius, Tenney, J., presiding. Trespass de bonis. Two persons named Christie mortgaged to the plaintiff the chattels in controversy, among which was a large red horse. The mortgage was dated Nov. 30, 1848. Its condition was that the mortage® should pay and indemnify the mortgagee against his suretyship upon their note payable May 30, 1849. It stipulated that the articles should remain with them till called for by the mortgagee.
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On Exceptions from Nisi Prius, Tenney, J., presiding. Trespass de bonis. Two persons named Christie mortgaged to the plaintiff the chattels in controversy, among which was a large red horse. The mortgage was dated Nov. 30, 1848. Its condition was that the mortage® should pay and indemnify the mortgagee against his suretyship upon their note payable May 30, 1849. It stipulated that the articles should remain with them till called for by the mortgagee. The note was paid by the mortgagee Aug. 18, 1849. The plaintiff introduced evidence tending to prove that some of the articles were taken by the…
1Opinion of the CourtWells, J.
— A mortgagee of personal chattels has a right to the possession of them, unless it is agreed that they shall remain with the mortgager. Libby v. Cushman, 29 Maine, 429; Holmes v. Sproul, 31 Maine, 73. By a conveyance of goods in mortgage, the whole legal title passes conditionally *509to the mortgagee, and if not redeemed at the time stipulated, the title becomes absolute at law. Story on Bail. § 287; Flanders v. Barstow, 18 Maine, 357.
In the present case, the mortgagers agree to keep the property mortgaged, “ till called for, free of expense to said Stewart.” The plaintiff had a right to the…
2Cited by8 opinions
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- State v. PrattSupreme Court of Missouri · 1894
- Clinton v. EstesSupreme Court of Arkansas · 1859
- State v. GilmoreSupreme Court of Iowa · 1911
- Pyeatt. v. PowellCourt of Appeals for the Eighth Circuit · 1892
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