Bicknell v. Cleverly
Massachusetts Supreme Judicial Court
Tort, by the assignee of the mortgagee of certain personal property, for its conversion. Answer, a general denial, and that the defendant, an officer, attached the property in question on a writ against the mortgagor.
Read the full summary
Tort, by the assignee of the mortgagee of certain personal property, for its conversion. Answer, a general denial, and that the defendant, an officer, attached the property in question on a writ against the mortgagor. At the trial in the Superior Court, before Bacon, J., the plaintiff put in evidence the following demand, made by him in due season upon the defendant: “ I hereby demand of you the sum of two hundred dollars, which is the amount due me on a mortgage” (describing it). The plaintiff also put in evidence tending to show that he was the assignee of the mortgage, and had purchased…
1Opinion of the CourtMorton, J.
The only question in this case is as to the cor rectness of the instruction given to the jury.
*165When mortgaged personal property is attached by a creditor of the mortgagor, it is the duty of the mortgagee, in order to dissolve the attachment and retain his lien, to demand payment of the officer or attaching creditor of the amount for which the property is liable to him, and to “ state in writing a just and true account of the debt or demand for which the property is liable to him.” Gen. Sts. c. 123, §§ 62, 63.
Any material misstatement in the account, which tends to mislead or in any way to…
2Cases cited5 opinions
- Folsom v. ClemenceMassachusetts Supreme Judicial Court · 1873
- Jones v. JonesCourt of Appeals of Kentucky · 1860
- Commonwealth v. SmithMassachusetts Supreme Judicial Court · 1850
- Hanson v. HerrickMassachusetts Supreme Judicial Court · 1868
- Putnam v. RoweMassachusetts Supreme Judicial Court · 1872
3Cited by8 opinions
- Shay v. GagneMassachusetts Supreme Judicial Court · 1931
- Wilson v. CrookerMassachusetts Supreme Judicial Court · 1888
- Ashcroft v. SimmonsMassachusetts Supreme Judicial Court · 1890
- Citizens' National Bank v. OldhamMassachusetts Supreme Judicial Court · 1884
- Rogers v. AbbottMassachusetts Supreme Judicial Court · 1880
3 more not listed; retrieve them via the Exa API.