Head v. Goodwin
Supreme Judicial Court of Maine
On Report from Nisi Prius, Shepley, O. J., presiding. Trover, for a cbaise. The writ alleged that the defendants were partners, and as partners they converted the chaise to their own use. The defendants severally pleaded the general issue.
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On Report from Nisi Prius, Shepley, O. J., presiding. Trover, for a cbaise. The writ alleged that the defendants were partners, and as partners they converted the chaise to their own use. The defendants severally pleaded the general issue. The plaintiff offered testimony tending to show that on May 10, 1851, he sold the chaise to one Daniel Tibbetts and received in cash $45, and took his two notes for the balance for $60 each, on six and nine months, and took a mortgage of him on the same property to secure the notes. It appeared that Tibbetts lived in Biddeford. The mortgage was produced,…
1Opinion of the CourtTenney, J.
The title of the plaintiff to the chaise in controversy, is under a mortgage, dated May 10, 1851, from Daniel Tibbetts, for the purpose of securing two notes of hand, of $60 each, of the same date, and remaining unpaid at the institution of this suit. It appears by the mortgage, and other evidence, that the plaintiff sold to the said Tibbetts the Ghaise on the same day that the mortgage was given. The defendants claim title by virtue of a purchase from Tibbetts, who testified, that he bargained for the chaise with the agent of the plaintiff three or four days before the time when the mortgage…
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