Guaranty Security Corp. v. Eastern Steamship Co.
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on March 24, 1921, seeking possession of a motor truck, to which the plaintiff alleged it had title and which the defendant refused to exhibit to the plaintiff so that it could be replevied. In the Superior Court, the suit was heard by Wait, J., a commissioner. having been appointed to take the evidence. Material evidence and exceptions saved by the defendant are described in the opinion.
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Bill in equity, filed in the Superior Court on March 24, 1921, seeking possession of a motor truck, to which the plaintiff alleged it had title and which the defendant refused to exhibit to the plaintiff so that it could be replevied. In the Superior Court, the suit was heard by Wait, J., a commissioner. having been appointed to take the evidence. Material evidence and exceptions saved by the defendant are described in the opinion. By order of the judge a final decree was entered for the plaintiff; and the defendant appealed.
1Opinion of the CourtCarroll, J.
This is a bill in equity to recover possession of a motor truck, delivered by the plaintiff on a conditional sale agreement in writing, to one Judd and by him sold to the defendant, an innocent purchaser for value, without notice of the conditional sale contract. By this contract the automobile leased to Judd, was to become his property when fully paid for, and, until this was done, he was not to sell or mortgage it. The judge found for the plaintiff and the defendant appealed.
The defendant claims that it should have been permitted to show the course of dealing between the plaintiff and Judd…
2Cases cited7 opinions
- Spooner v. CummingsMassachusetts Supreme Judicial Court · 1890
- Johnson v. Von ScholleyMassachusetts Supreme Judicial Court · 1914
- Maionica v. PiscopoMassachusetts Supreme Judicial Court · 1914
- Oliver Ditson Co. v. BatesMassachusetts Supreme Judicial Court · 1902
- Wilson v. MulloneyMassachusetts Supreme Judicial Court · 1904
2 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Kerwin v. DonaghyMassachusetts Supreme Judicial Court · 1945
- Lamson & Co. v. AbramsMassachusetts Supreme Judicial Court · 1940
- Marsh v. BeraldiMassachusetts Supreme Judicial Court · 1927
- Commonwealth v. HayesMassachusetts Supreme Judicial Court · 1942
- Tripp v. National Shawmut BankMassachusetts Supreme Judicial Court · 1928
21 more not listed; retrieve them via the Exa API.