Luce v. Hadley
Massachusetts Supreme Judicial Court
Contract. The first count of the declaration was as follows: 14 And the plaintiff says the defendant was in June, 1868, and is the owner of bark Ocean Steed, of New Bedford, and the plaintiff, at the request of the defendant, furnished casks for said bark, in shocks, for her outfit for a whaling voyage, (a schedule of which appears by the account hereto annexed,) and the defendant owes the plaintiff the sum of $731.15, according to said account.”
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Contract. The first count of the declaration was as follows: 14 And the plaintiff says the defendant was in June, 1868, and is the owner of bark Ocean Steed, of New Bedford, and the plaintiff, at the request of the defendant, furnished casks for said bark, in shocks, for her outfit for a whaling voyage, (a schedule of which appears by the account hereto annexed,) and the defendant owes the plaintiff the sum of $731.15, according to said account.” The second count was as follows: “ And the plaintiff says the defendant owes him $731.15, according to the account hereto annexed. * “ Jacob B.…
1Opinion of the Court
By the Court.
The only question, which arises on the bill of exceptions in this case, is whether the mortgagee of a vessel who is in possession, and to whom supplies for the use of the vessel have been furnished, under such circumstances that he is *231liable for them, is properly described in the declaration as owner of the vessel.
By the well settled law of this state, a mortgage of a chattel vests the title and property in the mortgagee, which, although not absolute, is only defeasible upon a condition subsequent; and, unless there is an agreement to the contrary, the right of possession follows…
2Cited by4 opinions
- J. H. Gerlach Co. v. NoyesMassachusetts Supreme Judicial Court · 1925
- Darraugh v. DennyCourt of Appeals of Kentucky · 1922
- Denny v. DarraughCourt of Appeals of Kentucky (pre-1976) · 1925
- Denny v. DarraughCourt of Appeals of Kentucky · 1925