Keegan v. Cox
Massachusetts Supreme Judicial Court
Replevin. Writ dated July 11, 1873. The case was submitted to the Superior Court, and, after judgment for the defendant, to this court, on appeal, on a case stated, in substance as follows: On March 29, 1873, the plaintiff, and James W. Keegan his brother, were partners in the retail provision business in Lawrence ; and owned and used in their business the goods replevied in this action.
Read the full summary
Replevin. Writ dated July 11, 1873. The case was submitted to the Superior Court, and, after judgment for the defendant, to this court, on appeal, on a case stated, in substance as follows: On March 29, 1873, the plaintiff, and James W. Keegan his brother, were partners in the retail provision business in Lawrence ; and owned and used in their business the goods replevied in this action. On that day they, with the knowledge and advice of their parents, executed and delivered to the defendant a personal mortgage of the goods replevied, conditioned to pay to the defendant three notes of even…
1Opinion of the CourtWells, J.
The facts stated would warrant the inference that James W. Keegan, after he came of age, ratified and affirmed the mortgage given by him and the plaintiff, while both were minors. A part of the consideration, which was executory when the mortgage was delivered, was received after James W. Keegan arrived at full age; and a payment of $50 was made upon the debt. This being an inference of fact, and being necessarily involved in the judgment for the defendant in the court below, it must be presumed to have been so found there. That judgment is conclusive upon all facts and all inferences of fact…
2Cited by3 opinions
- Chamberlain v. Employers' Liability Assurance Corp.Massachusetts Supreme Judicial Court · 1935
- Rand v. HansonMassachusetts Supreme Judicial Court · 1891
- McDonald v. SargentMassachusetts Supreme Judicial Court · 1898