Flanders v. Barstow
Supreme Judicial Court of Maine
This action was assumpsit for money had and received. The action was referred to referees, who reported a state of facts, and based their opinion upon the decisions of certain questions of law, specially referred to the Court.
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This action was assumpsit for money had and received. The action was referred to referees, who reported a state of facts, and based their opinion upon the decisions of certain questions of law, specially referred to the Court. From the report and papers referred to, it appeared, that on April 19, 1837, the plaintiff mortgaged to the defendant, by an instrument under seal, certain personal property to secure the payment of one note payable in sixty days and another in ninety days from date. The bill of sale was to be void on the payment of those notes when they fell due. It was proved by parol…
1Opinion of the Court
The opinion of the Court was drawn up by
Weston C. J.
The right of the plaintiff to recover in this action, will depend upon the question, whether at the time of the sale by the defendant, of the chattels described in the schedule annexed to the mortgage, his title thereto had become absolute at law. And we are of opinion, that such was the fact.
By a conveyance of goods in mortgage, the whole legal title passes conditionally to the mortgagee; and if not redeemed at the time stipulated, his title becomes absolute at law; though equity will interfere to compel a redemption. Story on Bailments, c.…
2Cited by6 opinions
- Pyeatt. v. PowellCourt of Appeals for the Eighth Circuit · 1892
- Dunlap v. DunsethMissouri Court of Appeals · 1899
- Continental Gin Co. v. PannellSupreme Court of Oklahoma · 1916
- Susi v. Belle Acton Stables, Inc.Court of Appeals for the Second Circuit · 1966
- Enos v. EnosSupreme Court of Rhode Island · 1927
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