Commonwealth v. Cutler
Massachusetts Supreme Judicial Court
Indictment on the Pub. Sts. c. 203, § 70, for selling personal property mortgaged by the defendant to one Burrill. Trial in the Superior Court, before Pitman, J., who allowed a bill of exceptions, in substance as follows.
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Indictment on the Pub. Sts. c. 203, § 70, for selling personal property mortgaged by the defendant to one Burrill. Trial in the Superior Court, before Pitman, J., who allowed a bill of exceptions, in substance as follows. On the issue whether there had ever been a delivery by the defendant of the mortgage referred to in the indictment to the mortgagee named therein, the evidence tended to show that there was an agreement or understanding between the defendant and Burrill that the mortgage was to' be executed by the defendant and taken or sent by him to the town clerk’s office of the town…
1Opinion of the CourtKnowlton, J.
It was disputed whether the defendant had left the mortgage at the town clerk’s office merely for registration, or with instructions through one Litchfield that the clerk should record it and then send it to Burrill, the mortgagee, in accordance with an agreement previously made with Burrill. This question of fact was left to the jury to be decided, with instructions as to the law as stated in Hawkes v. Pike, 105 Mass. 560. In that case there was no evidence of any act having been *254done by the grantor except that of handing the deed to the register for registration, with the intent thereafter…
2Cases cited1 opinion
- Hawkes v. PikeMassachusetts Supreme Judicial Court · 1870
3Cited by5 opinions
- Barnes v. BarnesMassachusetts Supreme Judicial Court · 1894
- Meigs v. DexterMassachusetts Supreme Judicial Court · 1898
- Miller v. McCalebSupreme Court of Missouri · 1907
- People v. WolfromCalifornia Court of Appeal · 1911
- Silbert v. Equitable Life Assurance Society of the United StatesMassachusetts Supreme Judicial Court · 1943