Bowden v. Dugan
Supreme Judicial Court of Maine
On Report. The case is stated in the opinion. By agreement of the parties the law court was to determine the amount of damages, if judgment should be rendered in favor of the plaintiff. No lien at common law: Allen v. Ham, 63 Maine, 532. Under the statute no lien except by mortgagee’s consent; and be is considered, in such cases, to be tbe owner.
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On Report. The case is stated in the opinion. By agreement of the parties the law court was to determine the amount of damages, if judgment should be rendered in favor of the plaintiff. No lien at common law: Allen v. Ham, 63 Maine, 532. Under the statute no lien except by mortgagee’s consent; and be is considered, in such cases, to be tbe owner. Small v. Robinson, 69 Maine, 425; Howes v. Newcomb, 146 Mass. 76. Consent may be either express or implied; but it means something more than knowledge. Hayes v. Fessenden, 106 Mass. 228; O’ Conner v. Hurley, 147 Mass. 147. A mortgagor of chattels…
1Opinion of the CourtSavage, J.
Trover by plaintiff, a mortgagee, against defendant, a livery stable keeper, for the conversion of a horse. One Redman, the mortgagor, left the horse in question with the defendant, January 18, 1896. Subsequently, the defendant learned that the plaintiff was owner or mortgagee of the horse, and wrote to him (date not certain) as follows:—
“Mr. Bowden. We have your horse here with about $20.00 board due. Call for horse any time. Pay what due. Mr. Red-man left him here.”
*144The defendant claims also to have written plaintiff at another time, and to have telephoned to him. About March 9, 1896, the…
2Cases cited2 opinions
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