Legal Opinion

Abbott v. Goodwin

Supreme Judicial Court of Maine

Decided July 15, 1841PublishedCited by 14 opinions

Trespass for taking four hundred casks of lime. With the general issue the defendant filed a brief statement, justifying the taking by liim, as a deputy sheriff, as the property of George E. Abbott, oil a writ against him in favor of O. Fletcher, a creditor.

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Trespass for taking four hundred casks of lime. With the general issue the defendant filed a brief statement, justifying the taking by liim, as a deputy sheriff, as the property of George E. Abbott, oil a writ against him in favor of O. Fletcher, a creditor. To prove the property to be in them, the plaintiffs, E. Abbott, B. Shaw, N. Rich, and I. Rich, Jr. introduced a bill of sale of certain goods from George E. Abbott to themselves, with a condition that if George E. Abbott should cause to be paid certain notes of hand to certain persons named, for certain sums, given by G. E. Abbott as…

1Opinion of the Court

*411The opinion of the Court was by

Weston C. J.

The business transacted between the plaintiffs and George E. Abbot, and the bill of sale executed by him to them, must be taken to have been fair and bona fide, the report containing no suggestion or intimation of fraud. By that instrument, the goods described therein, were mortgaged to the plaintiffs, to secure them against certain liabilities, which they had assumed for him. If free from fraud, contracts of this kind have been repeatedly adjudged lawful, and of sufficient validity to secure to the mortgagee or mortgagees the property transferred,…

2Cited by14 opinions

  1. Mitchell v. WinslowU.S. Circuit Court for the District of Maine · 1843
  2. Scharfenburg v. BishopSupreme Court of Iowa · 1872
  3. Gay v. BidwellMichigan Supreme Court · 1859
  4. Paris v. VailSupreme Court of Vermont · 1846
  5. Sperry v. RennerSupreme Court of Oklahoma · 1944

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