Mathews v. Fisk
Supreme Judicial Court of Maine
On exceptions. Trover for the conversion of plaintiff’s horse by the defendant. April 23, 1873, Mathews bought of Fisk a horse for $125 paying twenty-five dollars in cash and giving his note on seven months for the hundred dollars.
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On exceptions. Trover for the conversion of plaintiff’s horse by the defendant. April 23, 1873, Mathews bought of Fisk a horse for $125 paying twenty-five dollars in cash and giving his note on seven months for the hundred dollars. At the same time he secured payment of this note by a mortgage which stipulated that it was “to be paid as follows : twenty-five dollars to be paid in one month from date in cash, the balance to be paid in labor driving logs this present season, if said Mathews’ labor shall be sufficient; otherwise in cash' according to the tenor of said note,” with an additional…
1Opinion of the CourtAppleton, C. J.
This was an action of trover for a horse.
It appeared in evidence that the defendant on the twenty-third day of April 1872, sold the horse in controversy to the plaintiff, taking back from him a note on seven months and a mortgage conditioned to be void if the mortgagor should pay the defendant “a certain note of even date herewith, payable to said Fisk or order and signed by said Mathews, of one hundred dollars, said payments to be made as follows: twenty-five dollars to be paid in one month from date in cash, the balance to be paid in labor in driving logs this present season if said…
2Cited by1 opinion
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