Legal Opinion

Howard v. Chase

Massachusetts Supreme Judicial Court

Decided March 15, 1870PublishedCited by 23 opinions

Tort by Charles Howard, William Leavitt and Jacob Gross, for the conversion of the tools and fixtures of a machine shop.

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Tort by Charles Howard, William Leavitt and Jacob Gross, for the conversion of the tools and fixtures of a machine shop. At the trial in the superior court, before Lord, J., the plaintiffs claimed title to the property under three mortgages thereof made to them severally by the firm of Thomas Leavitt & Company, one of the partners in which lived in Malden; and the defendant justified, under a prior mortgage of the property to himself from that firm, his alleged acts of conversion of it, and his refusal to comply with a demand of the plaintiffs for its surrender to them. The other material…

1Opinion of the CourtMorton, J.

This case comes before us upon a report under the St. of 1869, c. 438. We can consider only the questions of law raised in the report.

1. The first question is, whether the plaintiffs can unite in this action. The three mortgages to the plaintiffs are of the same date, were delivered simultaneously, and each contains the provision that “ this mortgage is of the same date, given at the same time, and to be recorded with ” the two other mortgages, “ all of which are alike in time, and neither is to have precedence of the other, but to be alike security to each.” We cannot doubt that the rights…

2Cases cited2 opinions

  1. Green v. KempMassachusetts Supreme Judicial Court · 1816
  2. Tuite v. StevensMassachusetts Supreme Judicial Court · 1867

3Cited by23 opinions

  1. Johnson v. ThompsonMassachusetts Supreme Judicial Court · 1880
  2. Baierl v. RieseneckerWisconsin Supreme Court · 1930
  3. Lyon v. BallentineMichigan Supreme Court · 1886
  4. Federal Trust Co. v. Bristol County Street Railway Co.Massachusetts Supreme Judicial Court · 1914
  5. Pecker v. SilsbyMassachusetts Supreme Judicial Court · 1877

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