Goodrich v. Dore
Massachusetts Supreme Judicial Court
Tort for the alleged conversion of certain scientific instruments by the trustee in bankruptcy of the Ziegler Apparatus Company, a corporation, which were claimed by the plaintiff under a bill of sale as security for the sum of $225 lent by him to the corporation.
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Tort for the alleged conversion of certain scientific instruments by the trustee in bankruptcy of the Ziegler Apparatus Company, a corporation, which were claimed by the plaintiff under a bill of sale as security for the sum of $225 lent by him to the corporation. Writ in the Municipal Court of the City of Boston dated March 26, 1906. On appeal to the Superior Court the case was tried before Hardy, J. The loan from the plaintiff to the Ziegler Apparatus Company was made on September 30,1905, when a note of that company of that date for $225 and the bill of sale were delivered to the…
1Opinion of the CourtSheldon, J.
This case is governed by the decisions in Moors v. Reading, 167 Mass. 322, and Hawes v. Weeden, 180 Mass. 106. There was as much evidence of a delivery and as much retention of possession in those cases as in the case at bar. It is immaterial whether the plaintiff has the rights of a mortgagee or of a pledgee. If the former, the mortgage was invalid because it was not recorded and the property was not retained by him in conformity with the requirements of R. L. c. 198, § 1; if the latter, his failure to retain possession of the property was equally fatal *496to him. He cannot claim the property…
2Cases cited4 opinions
- Haskell v. MerrillMassachusetts Supreme Judicial Court · 1901
- Moors v. ReadingMassachusetts Supreme Judicial Court · 1897
- Drury v. MoorsMassachusetts Supreme Judicial Court · 1898
- Hawes v. WeedenMassachusetts Supreme Judicial Court · 1901
3Cited by5 opinions
- Peoples National Bank v. MulhollandMassachusetts Supreme Judicial Court · 1916
- Leahy v. GeorgeMassachusetts Supreme Judicial Court · 1930
- In re McDonaldDistrict Court, D. Massachusetts · 1908
- McGlue v. LoudonMassachusetts Supreme Judicial Court · 1925
- Rosen v. GarstonMassachusetts Supreme Judicial Court · 1946