Nichols v. Ruggles
Supreme Judicial Court of Maine
On report. Replevin of a horse brought against a constable who had attached it as the property of James Newcomb, on a writ in favor of Carnillus K. Johnson. The plaintiff claimed title under the instrument recited in the head note, as he had been paid no part of the purchase money.
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On report. Replevin of a horse brought against a constable who had attached it as the property of James Newcomb, on a writ in favor of Carnillus K. Johnson. The plaintiff claimed title under the instrument recited in the head note, as he had been paid no part of the purchase money. The paper was never recorded and Johnson knew nothing of it nor of the plaintiff’s claim thereunder. contended that the instrument under which he claimed title to the horse was not a note within the meaning of R. S., c. Ill, § 5 ;that the legislative expression there found must be held to mean what is legally and…
1Opinion of the CourtDanforth, J.
The only question presented by the report in this case is whether the instrument under which the plaintiff claims title to the horse replevied should have been recorded under R. S., c. Ill, § 5. If so the plaintiff fails in his title and-in his action.
The statute provides that, "No agreement that personal property bargained and delivered to another, for which a note is *27given, shall remain the property of the payee till the note is paid, is valid, unless it is made and signed as a part of the note ; nor when so made and signed in a note for more than thirty dollars, unless it is recorded like…
2Cited by4 opinions
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- Bast v. SprollWisconsin Supreme Court · 1922
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