Wright v. Tetlow
Massachusetts Supreme Judicial Court
Replevin of the materials composing the parts of two unfinished steam engines. At the trial in the superior court, before Ames, C. J., it appeared that the defendant Tetlow on December 3, 1864, entered into a contract with the United States to build two iron tugboats, with all their steam machinery, in which it was stipulated that the work should be superintended by inspectors appointed by the United States, that certain percentages of the contract price should from time to…
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Replevin of the materials composing the parts of two unfinished steam engines. At the trial in the superior court, before Ames, C. J., it appeared that the defendant Tetlow on December 3, 1864, entered into a contract with the United States to build two iron tugboats, with all their steam machinery, in which it was stipulated that the work should be superintended by inspectors appointed by the United States, that certain percentages of the contract price should from time to time be paid by the United States to Tetlow, in a proportion to the progress of his work and that the United States…
1Opinion of the CourtGray, J.
We may assume, as contended by the defendants, and as being the most favorable View to them, that the instru ments which passed between Hepworth & Carr and the plaintiff constituted a mortgage from them to him.
By the Gen. Sts. c. 151, § 1, a mortgage of personal property (except a ship or vessel, or goods at sea or abroad) is not valid against any person other than the parties thereto, unless it is recorded, “ or the property mortgaged is delivered to and retained by the mortgagee.” Before the passage of the St. of 1832, c. 157, of which this provision is a reenactment, possession was not…
2Cited by9 opinions
- Blanchard v. CookeMassachusetts Supreme Judicial Court · 1887
- Commercial Fire Insurance v. Capital City InsuranceSupreme Court of Alabama · 1886
- Moors v. ReadingMassachusetts Supreme Judicial Court · 1897
- Coggan v. WardMassachusetts Supreme Judicial Court · 1913
- In re ShawDistrict Court, D. Maine · 1906
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