Gilpatrick v. Chamberlain
Supreme Judicial Court of Maine
On exceptions and motion by plaintiff. An action of trover alleging conversion of an automobile. Defendant pleaded the general issue, and under a brief statement set up Res Judicata. Defendant presented in evidence an unredeemed chattel mortgage of the automobile, given by plaintiff to Arthur W. Gilpatrick, and by him assigned to defendant.
Read the full summary
On exceptions and motion by plaintiff. An action of trover alleging conversion of an automobile. Defendant pleaded the general issue, and under a brief statement set up Res Judicata. Defendant presented in evidence an unredeemed chattel mortgage of the automobile, given by plaintiff to Arthur W. Gilpatrick, and by him assigned to defendant. At conclusion of the evidence the presiding Justice upon motion by defendant directed a verdict for defendant, and plaintiff excepted, and also file a motion for a new trial on newly-discovered evidence. The case is sufficiently stated in the opinion.
1Opinion of the CourtPhilbrooic, J.
This is an action of trover brought to recover damages for the alleged conversion of an automobile. At the close of the evidence the presiding Justice directed a verdict for the defendant, to which ruling the plaintiff seasonably filed exceptions, and herewith presents the same for our consideration. She also moves for a new trial on the ground of newly-discovered evidence.
Exceptions.
In order to maintain her action it was incumbent on the plaintiff to prove that she had title to the property, or was entitled to the immediate possession thereof. Landry v. Mandelstam, 109 Maine, 376. The action…
2Cited by4 opinions
- Harvey v. AnaconeSupreme Judicial Court of Maine · 1936
- Sanborn v. MatthewsSupreme Judicial Court of Maine · 1945
- Bumpus v. LyonSupreme Judicial Court of Maine · 1934
- Gallagher v. Aroostook Federation of FarmersSupreme Judicial Court of Maine · 1938