Legal Opinion

Drummond v. Trickey

Supreme Judicial Court of Maine

Decided October 31, 1919PublishedCited by 2 opinions

Action by mortgagor against mortgagee of personal property to recover value of certain personal property taken by the mortgagee and sold by him before perfecting his title under foreclosure proceedings. Defendant filed plea of general issue and also brief statement. Verdict for plaintiff in the sum of $117.68. Defendant filed a motion for new trial. Motion overruled. Case stated in opinion.

1Opinion of the CourtHanson, J.

This is an action by a mortgagor against a mortgagee to recover damages for selling certain cows and a calf, included in the mortgage, after the mortgagee had taken possession for breach of condition, and before the mortgage was foreclosed-. A verdict was rendered for the plaintiff and the case comes before the court on a motion for new trial.

The case shows that the plaintiff gave defendant a mortgage on seven cows June 12, 1915, for $537.00. The mortgage was transferred to Borden's Condensed Milk Company and the amount due was to be paid by the Borden’s Company withholding $35.00 a month…

2Cases cited4 opinions

  1. Brink v. FreoffMichigan Supreme Court · 1879
  2. Brink v. FreoffMichigan Supreme Court · 1880
  3. Bacon v. HookerMassachusetts Supreme Judicial Court · 1899
  4. Lee v. GorhamMassachusetts Supreme Judicial Court · 1896

3Cited by2 opinions

  1. Harvey v. AnaconeSupreme Judicial Court of Maine · 1936
  2. Bedford v. BernsteinSupreme Judicial Court of Maine · 1927

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