Hammond v. Danielson
Massachusetts Supreme Judicial Court
Replevin of a hack. The case was submitted to the Superior Court, and, after judgment for the defendant, to this court on appeal, on agreed facts, in substance as follows: On January 23, Edward Brackett, the owner of the hack in question, executed and delivered the following mortgage to the plaintiff: “ Know all men by these presents, that I, Edward Brackett, of Boston, in the county of Suffolk, in consideration of five hundred dollars paid by Stephen Hammond of Boston,…
Read the full summary
Replevin of a hack. The case was submitted to the Superior Court, and, after judgment for the defendant, to this court on appeal, on agreed facts, in substance as follows: On January 23, Edward Brackett, the owner of the hack in question, executed and delivered the following mortgage to the plaintiff: “ Know all men by these presents, that I, Edward Brackett, of Boston, in the county of Suffolk, in consideration of five hundred dollars paid by Stephen Hammond of Boston, aforesaid, the receipt whereof is hereby acknowledged, do hereby grant, sell, transfer and deliver unto the said Stephen the…
1Opinion of the CourtGray, C. J.
A lien on personal property cannot indeed be created without authority of the owner. Hollingsworth v. Dow, 19 Pick. 228. Globe Works v. Wright, 106 Mass. 207. But in the present case such an authority must be implied from the facts agreed. The subject of the mortgage is a hack, that is to say, a carriage let for hire; described in the mortgage as “ now in use” at certain stables; and which, as the parties have agreed in the case stated, the mortgagor retained possession of and used agreeably to the terms of the mortgage. It was the manifest intention of the parties that the hack should…
2Cases cited3 opinions
- Globe Works v. WrightMassachusetts Supreme Judicial Court · 1870
- Donnell v. StarlightMassachusetts Supreme Judicial Court · 1869
- The Granite StateDistrict Court, D. Massachusetts · 1855
3Cited by48 opinions
- Meyer v. BerlandiSupreme Court of Minnesota · 1888
- Watts v. SweeneyIndiana Supreme Court · 1891
- Howes v. NewcombMassachusetts Supreme Judicial Court · 1888
- Loring v. Commissioner of Public WorksMassachusetts Supreme Judicial Court · 1928
- Shaw v. WebbTennessee Supreme Court · 1914
43 more not listed; retrieve them via the Exa API.