Hayden v. Russell
Supreme Judicial Court of Maine
This is an action of trover to recover the value of a horse, on which plaintiff held an unrecorded chattel mortgage to secure the payment of a note for forty-five dollars. Plea, the general issue. Defendants purchased the horse of one Hersey without notice of the unrecorded mortgage to the plaintiff. At nisi prius the case was submitted to the court on an agreed statement of facts. The court ordered judgment for the defendants, to which ruling the plaintiff took exceptions.
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This is an action of trover to recover the value of a horse, on which plaintiff held an unrecorded chattel mortgage to secure the payment of a note for forty-five dollars. Plea, the general issue. Defendants purchased the horse of one Hersey without notice of the unrecorded mortgage to the plaintiff. At nisi prius the case was submitted to the court on an agreed statement of facts. The court ordered judgment for the defendants, to which ruling the plaintiff took exceptions. Case stated in the opinion.
1Opinion of the CourtWilson, J.
An action of trover to recover the value of a horse, which the plaintiff sold to one Hersey, taking back a note for forty-five dollars in part payment and a chattel mortgage on the horse as security. Hersey was permitted to retain possession of the horse, but the plaintiff failed to record his mortgage. Afterward Hersey sold the horse to the defendants, and received therefor credit to the amount of thirty-five dollars on account of pre-existing indebtedness due them. The defendants took the horse without notice of the unrecorded mortgage to the plaintiff. The case at nisi prius was submitted…
2Cases cited5 opinions
- Frey v. CliffordCalifornia Supreme Court · 1872
- Franklin National Bank v. WhiteheadIndiana Supreme Court · 1898
- Long v. CockernIllinois Supreme Court · 1889
- Worley v. Metropolitan Motor Car Co.Washington Supreme Court · 1913
- Whitney v. BrowneMassachusetts Supreme Judicial Court · 1902
3Cited by7 opinions
- Ricker v. United StatesDistrict Court, D. Maine · 1976
- Eastwood v. SheddSupreme Court of Colorado · 1968
- Lewiston Trust Co. v. DevenoSupreme Judicial Court of Maine · 1950
- Production Credit Ass'n v. KentSupreme Judicial Court of Maine · 1948
- Rebecca W. Belanger v. Lisa M. YorkeSupreme Judicial Court of Maine · 2020
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