Glidden v. Nason
Massachusetts Supreme Judicial Court
Replevin for certain personal property alleged to have been mortgaged by the defendants to the plaintiff. Writ in the Police Court of Lynn dated August 22, 1898. The answer alleged that the instrument relied upon by the plaintiff was void because it was executed as a mortgage of household furniture made to secure a loan on which interest was charged at a rate exceeding eighteen per cent per annum and did not state with substantial accuracy either the rate of interest to be…
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Replevin for certain personal property alleged to have been mortgaged by the defendants to the plaintiff. Writ in the Police Court of Lynn dated August 22, 1898. The answer alleged that the instrument relied upon by the plaintiff was void because it was executed as a mortgage of household furniture made to secure a loan on which interest was charged at a rate exceeding eighteen per cent per annum and did not state with substantial accuracy either the rate of interest to be paid or the actual expense of making and securing the loan as required by St. 1892, c. 428, § 3. On appeal to the…
1Opinion of the CourtLosing, J.
The evidence in .this case warranted a finding that the mortgage covered not only the furniture used by the former occupant of the ISTason House in carrying it on as a boarding house, and bought by the defendants for the same use, but also the furniture of seven or eight rooms out of the twenty-three which the house contained, which seven or eight were occupied by the defendants and their family when the female defendant was employed as housekeeper by the former occupant of the house, and that the furniture of these seven or eight rooms was owned by the female defendant before the defendants…
2Cases cited1 opinion
- Day v. City of LawrenceMassachusetts Supreme Judicial Court · 1897
3Cited by2 opinions
- Auto Owners' Finance Co. v. ColemanSupreme Court of New Hampshire · 1938
- Colby v. BissellMassachusetts Supreme Judicial Court · 1908