Roberts v. White
Massachusetts Supreme Judicial Court
Replevin of household furniture. Writ dated June 4, 1877. An amended answer filed by the defendant on October 24, 1884, to avail himself of the St. of 1883, c. 223, § 14,*' alleged that he was the assignee of a second mortgage of the replevied goods; that he took possession of the goods for breach of condition ; that the first mortgage was given to one Ridgeway; that the plaintiff, on May 23, 1877, became the assignee of the first mortgage, and that on or about June 14,…
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Replevin of household furniture. Writ dated June 4, 1877. An amended answer filed by the defendant on October 24, 1884, to avail himself of the St. of 1883, c. 223, § 14,*' alleged that he was the assignee of a second mortgage of the replevied goods; that he took possession of the goods for breach of condition ; that the first mortgage was given to one Ridgeway; that the plaintiff, on May 23, 1877, became the assignee of the first mortgage, and that on or about June 14, 1877, the defendant made a “tender of the full amount of money, with all costs and interest due on the said Ridgeway…
1Opinion of the CourtMorton, C. J.
It appears that the plaintiff, who is the assignee of a first mortgage of the goods replevied, had, at the time he sued out his writ, a right to the immediate and exclusive possession of the goods. This entitles him to maintain this action, the object of which is to give him in fact the possession to which he is entitled in law. It is difficult to see how any tender after suit brought can avail the defendant; but if it can under any circumstances, it must be a tender followed up by bringing the money into court for the plaintiff’s use. Storer v. McGaw, 11 Allen, 527. Brickett v. Wallace, 98…
2Cases cited1 opinion
- Brickett v. WallaceMassachusetts Supreme Judicial Court · 1868
3Cited by2 opinions
- Weeks v. BakerMassachusetts Supreme Judicial Court · 1890
- Sirk v. ElaMassachusetts Supreme Judicial Court · 1895