Pokross v. Champagne
Massachusetts Supreme Judicial Court
Replevin for a motor car alleged to have been held by the defendant as mortgagee under a mortgage made by one Mary Gaboriau and to have been redeemed by the plaintiff as the assignee of such mortgagor. Writ in the Second District Court of Bristol dated March 14, 1916. On appeal to the Superior Court the case was tried before Morton, J. The evidence is described in the opinion.
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Replevin for a motor car alleged to have been held by the defendant as mortgagee under a mortgage made by one Mary Gaboriau and to have been redeemed by the plaintiff as the assignee of such mortgagor. Writ in the Second District Court of Bristol dated March 14, 1916. On appeal to the Superior Court the case was tried before Morton, J. The evidence is described in the opinion. The judge submitted to the jury three issues, which with the answers of the jury were as follows: “1. Was the transaction of January 15, 1916, between Mr. Champagne and Mrs. Gaboriau an absolute sale or a mortgage? ”…
1Opinion of the CourtDe Cotjrct, J.
The- defendant, Louis Champagne, lent to one Mary Gaboriau the sum of $300, charging her $50 therefor, and taking as security a mortgage on an automobile. The mortgage was in the form of an ordinary bill of sale of the machine to Champagne, and a separate agreement from him to sell it back to her, provided that within sixty days she should pay the $350, and “also pay to whoever shall repair said automobile the cost of said repairs as is now ordered to bé done at Marais’ repair shop in Fall River.” Later Mary Gaboriau, by an informal instrument, assigned all her rights in the automobile and…
2Cases cited3 opinions
- Schayer v. Commonwealth Loan Co.Massachusetts Supreme Judicial Court · 1895
- Weeks v. BakerMassachusetts Supreme Judicial Court · 1890
- Doody v. CollinsMassachusetts Supreme Judicial Court · 1916