Field v. Gellerson
Supreme Judicial Court of Maine
On exceptions from the superior court. Trespass for the value of a wagon which plaintiff received of the defendant in an exchange, and which the defendant after-wards took and carried away, alleging that the wagon plaintiff let him have in the exchange was not the property of the plaintiff. The point is stated in the opinion. cited : Goolidge v. Brigham, 42 Mass. 548 ; 2 Addison, Contracts, § § 640, 645; 1 Greenl. ■ Ev.
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On exceptions from the superior court. Trespass for the value of a wagon which plaintiff received of the defendant in an exchange, and which the defendant after-wards took and carried away, alleging that the wagon plaintiff let him have in the exchange was not the property of the plaintiff. The point is stated in the opinion. cited : Goolidge v. Brigham, 42 Mass. 548 ; 2 Addison, Contracts, § § 640, 645; 1 Greenl. ■ Ev. (7th ed.) § 558. By virtue of the rules established under the act of the legislature, certain rights have vested in this defendant and certain obligations have been imposed on…
1Opinion of the CourtPeters, C. J.
There is a point of considerable practical importance in these exceptions. A party took, for an article of personal property, three Holmes notes, one for twenty-five dollars, and each of the others exceeds thirty dollars in amount, the notes containing the contract, and, as allowed by R. S., c. 91, § 7, also *273a stipulation that no right of redemption shall exist after a breach by non payment. The notes are not recorded, although the statute, R. S., c. Ill, § 5, requires such notes tobe recorded in order to be effectual against attachors and after-purchasers, "'if the agreement is made in a…
2Cited by3 opinions
- Springfield v. FulkSupreme Court of Arkansas · 1910
- Bubar v. SinclairSupreme Judicial Court of Maine · 1951
- Gregoire v. LesieurSupreme Judicial Court of Maine · 1951