Jewett v. Warren
Massachusetts Supreme Judicial Court
Trover for a quantity of logs. The action was submitted to the decision of the Court on an agreed statement of facts to the following effect.
Read the full summary
Trover for a quantity of logs. The action was submitted to the decision of the Court on an agreed statement of facts to the following effect. On the 16th of May, 1814, one William Jewett made a bill of parcels of the logs in question to the plaintiff, valued thereby at $ 1602.44, and therein acknowledged to have received payment “ by indorsing for me at the Kennebec Bank for the sum of $ 1350.” Some time before this transaction the plaintiff had become surety to the Kennebec Bank, for the said William Jewett, in the sum of % 1350, which the plaintiff was liable to pay at the time of the said…
1Opinion of the CourtParker, C. J.
The objections made to the plaintiff’s title to the logs, which are the subject of this suit, deserve consideration.
It is said, in the first place, that the transfer attempted by William Jewett to the plaintiff cannot be viewed as a mortgage or pledge of the logs, as security to the plaintiff for his liability upon said William’s note to the bank ; because there was no actual delivery to, or possession by, the plaintiff, of the thing pledged, under the bill of parcels exhibited in the case ; because, also, the parties intended the transfer should be absolute, and cannot now consider it…
2Cases cited1 opinion
- Rice v. AustinMassachusetts Supreme Judicial Court · 1821
3Cited by35 opinions
- Brewster v. HartleyCalifornia Supreme Court · 1869
- Bianco v. LayMassachusetts Supreme Judicial Court · 1943
- Ticknor v. McClellandIllinois Supreme Court · 1877
- Dover Lumber Co. v. WhitcombMontana Supreme Court · 1917
- First Nat. Bank of Parkersburg v. HarknessWest Virginia Supreme Court · 1896
30 more not listed; retrieve them via the Exa API.