Legal Opinion

Worcester Morris Plan Co. v. Mader

Massachusetts Supreme Judicial Court

Decided November 22, 1920PublishedCited by 13 opinions

Replevin of “one Republic Automobile Truck No. 3394 Model ‘A.’” Writ dated April 21, 1919. In the Superior Court the action was heard by Lawton, J., without a jury, upon a case stated. Material facts therein agreed upon are described in the opinion.

Read the full summary

Replevin of “one Republic Automobile Truck No. 3394 Model ‘A.’” Writ dated April 21, 1919. In the Superior Court the action was heard by Lawton, J., without a jury, upon a case stated. Material facts therein agreed upon are described in the opinion. At the request of the parties, the judge reported the case to this court for determination upon the case stated, judgment to be entered for the plaintiff for one dollar and costs if the plaintiff was entitled to recover, and, if he was not entitled to recover, judgment to be entered “for the defendant with costs and an order for the return of the…

1Opinion of the CourtCrosby, J.

This is an action of replevin brought to recover an auto truck, and is before us on a report of a judge of the Superior Court upon a case stated.

The material facts are that on March 6, 1918, one Wise, the owner of the truck, delivered it to one Travers under an agreement in writing, by which the title remained in Wise until all the notes given by Travers for the purchase price under the agreement were fully paid. On August 30, 1918, all notes then due having been paid, and there remaining a balance of $1,425, Wise gave to the plaintiff a promissory note for that amount, payable by…

2Cases cited4 opinions

  1. Hurnanen v. NicksaMassachusetts Supreme Judicial Court · 1917
  2. Taber v. HamlinMassachusetts Supreme Judicial Court · 1867
  3. Carson v. CarsonCourt of Appeals of Kentucky · 1858
  4. Nichols v. AshtonMassachusetts Supreme Judicial Court · 1892

3Cited by13 opinions

  1. Lynn Morris Plan Co. v. GordonMassachusetts Supreme Judicial Court · 1925
  2. Giligian v. New England Truck Co.Massachusetts Supreme Judicial Court · 1928
  3. J. H. Gerlach Co. v. NoyesMassachusetts Supreme Judicial Court · 1925
  4. Hartford Accident & Indemnity Co. v. CallahanMassachusetts Supreme Judicial Court · 1930
  5. Malden Center Garage, Inc. v. BerkowitzMassachusetts Supreme Judicial Court · 1929

8 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API