Ternan v. Dunn
Massachusetts Supreme Judicial Court
Tort for the alleged conversion of certain articles of household furniture belonging to the plaintiff which the defendant claimed under an instrument purporting to be a mortgage assigned to her by one Penina H. Shorey.
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Tort for the alleged conversion of certain articles of household furniture belonging to the plaintiff which the defendant claimed under an instrument purporting to be a mortgage assigned to her by one Penina H. Shorey. Writ in the Municipal Court of the City of Boston dated January 27, 1903. On appeal to the Superior Court the case was tried before Elaherty, J. The alleged mortgage was made under St. 1892, c. 428, § 3, and was assigned to the defendant on May 23,1899. It was recorded on June 10,1897, with the records of mortgages of personal property in the clerk’s office of the city of…
1Opinion of the CourtKnowlton, C. J.
This is an action of tort for the conversion of certain articles of household furniture. The defendant claims title under a mortgage. The St. 1892, c. 428, § 8, (R. L. *588c. 102, § 53,) which was in force when the mortgage was made, is as follows: “No mortgage of household"furniture on which interest is charged at the rate of eighteen per centum or more per annum, made to secure a loan of less than one thousand dollars, shall be valid unless it state with substantial accuracy the amount of the loan, the time for which the loan is made, the rate of interest to be paid, and the actual expense of…
2Cited by3 opinions
- Lehan v. North Main Street Garage, Inc.Massachusetts Supreme Judicial Court · 1942
- Auto Owners' Finance Co. v. ColemanSupreme Court of New Hampshire · 1938
- Brown v. Frye Motor Co.Massachusetts District Court, Appellate Division · 1946