Storms v. Smith
Massachusetts Supreme Judicial Court
Tort, for the conversion of certain household goods. Trial in the Superior Court, before Pitman, J., who reported the case for the consideration of this court, in substance as follows: One Morrill, on July 31, 1874, made a mortgage of the property in suit, which was then at 224 Shawmut Avenue, in Boston, to his father-in-law, William R. Storms, the plaintiff’s intestate, to secure the payment of his promissory note for $500, payable in one year; this mortgage was duly…
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Tort, for the conversion of certain household goods. Trial in the Superior Court, before Pitman, J., who reported the case for the consideration of this court, in substance as follows: One Morrill, on July 31, 1874, made a mortgage of the property in suit, which was then at 224 Shawmut Avenue, in Boston, to his father-in-law, William R. Storms, the plaintiff’s intestate, to secure the payment of his promissory note for $500, payable in one year; this mortgage was duly recorded. 'Morrill at that time occupied two rooms in the house, and the property remained there until September 26,1877, when…
1Opinion of the CourtHolmes, J.
The mortgagor of the chattels was personally liable to the defendant for their storage, and he could not subject the mortgagee’s interest to a lien in support of his debt without the mortgagee’s authority. The mortgagee had given no authority other than what was to be implied from his allowing the mortgagor to remain in possession of the mortgaged goods, coupled with the fact that it was necessary that the goods should be stored somewhere to prevent their destruction. If these circumstances were enough to support the defendant’s claim, every mortgagor in possession of perishable goods would…
2Cases cited5 opinions
- Hammond v. DanielsonMassachusetts Supreme Judicial Court · 1879
- Bissell v. . PearceNew York Court of Appeals · 1863
- Globe Works v. WrightMassachusetts Supreme Judicial Court · 1870
- Gilson v. GwinnMassachusetts Supreme Judicial Court · 1871
- Richardson v. RichMassachusetts Supreme Judicial Court · 1870
3Cited by22 opinions
- Howes v. NewcombMassachusetts Supreme Judicial Court · 1888
- Mortgage Securities Co. v. PfaffmannCalifornia Supreme Court · 1917
- Fowler v. ParsonsMassachusetts Supreme Judicial Court · 1887
- Rothweiler v. Winton Motor Car Co.Washington Supreme Court · 1916
- Johnson v. YatesSupreme Court of North Carolina · 1922
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