Gould v. Leavitt
Supreme Judicial Court of Maine
On Exceptions by Dependants. Replevin to recover a .lot of furniture and fixtures, valued at $319, and situated in the St. Elmo saloon, on Exchange street, in the city of Bangor, the plaintiffs claiming title under a mortgage by virtue of an assignment thereof, which said mortgage and assignment, bearing date November 2, 1896, were duly recorded.
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On Exceptions by Dependants. Replevin to recover a .lot of furniture and fixtures, valued at $319, and situated in the St. Elmo saloon, on Exchange street, in the city of Bangor, the plaintiffs claiming title under a mortgage by virtue of an assignment thereof, which said mortgage and assignment, bearing date November 2, 1896, were duly recorded. Writ dated May -3d, 1897. Plea, the general issue with the following brief statement: And for brief statement of defense in this bebalf, the said defendants say: First, that at the time said goods and chattels were replevied by the plaintiffs, the…
1Opinion of the CourtWiswell, J.
On November 2, 1896, one Stewart sold to the defendants, by a written bill of sale, the furniture and trade fixtures of a restaurant in Bangor for the consideration of $1100, of which $600 was paid in cash and the balance by the defendants’ notes, secured by a bill of sale, outright in form but intended as a mortgage, of the same articles. Upon the same day the mortgagee transferred the notes and assigned the mortgage to the plaintiffs in *420payment of indebtedness of about the same amount, of which indebtedness $100 was for borrowed money and the balance for intoxicating liquors previously sold…
2Cases cited2 opinions
- Sherman v. WilderMassachusetts Supreme Judicial Court · 1871
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