President of the Portland Bank v. Stubbs
Massachusetts Supreme Judicial Court
Replevin for one hundred and ninety tons of Liverpool salt. The cause was submitted to the Court on a statement of facts agreed by the parties.
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Replevin for one hundred and ninety tons of Liverpool salt. The cause was submitted to the Court on a statement of facts agreed by the parties. The facts agreed are, that Lemuel Weeks & Son, being sole owners of the ship Harriet, and having sent her on a voyage to Liverpool, in Great Britain, and back to the United States under the command of David Gray, as master, while the said ship was at Liverpool, on the said voyage, on the 2d of January, 1808, conveyed one moiety of the ship and appurtenances, with all her earnings which might be due for freight on her return voyage, to the plaintiffs…
1Opinion of the CourtParsons, C. J.
From the statements in this case, several points arise, to which the facts seemed not to be sufficiently [ * 425 ] * directed. The conveyance by Weeks & Son to the plaintiffs being a mortgage, it is a pledge of a personal chattel. (3) But to such pledge a delivery of the chattel is essen*347tial, to give the pawnee a special property in it. And although a ship at sea may be mortgaged, yet the mortgagee must take the possession as soon as may be on her return, before the mortgage is complete. (4) But the case does not state whether the plaintiffs did, or did not, take possession of the ship, on…
2Cases cited2 opinions
- Badger v. PhinneyMassachusetts Supreme Judicial Court · 1819
- Baker v. FalesMassachusetts Supreme Judicial Court · 1819
3Cited by31 opinions
- Hart v. FitzgeraldMassachusetts Supreme Judicial Court · 1807
- Ilsley v. StubbsMassachusetts Supreme Judicial Court · 1809
- Baker v. FalesMassachusetts Supreme Judicial Court · 1819
- Meade v. SmithSupreme Court of Connecticut · 1844
- Morrow v. Turney's Adm'rSupreme Court of Alabama · 1859
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