Legal Opinion

Lazarovitch v. Tatilbum

Supreme Judicial Court of Maine

Decided December 16, 1907PublishedCited by 4 opinions

On motion and exceptions by defendant. Replevin brought in the Superior Court, Cumberland County, for certain household furniture alleged to have been delivered to the defendant by the Reliable Furniture Company of Portland, on' a so called lease which constituted a conditional sale. The Reliable Furniture Company was a firm composed of Louis Silverman and Max Levi. The plaintiff claimed as assignee from the vendors.

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On motion and exceptions by defendant. Replevin brought in the Superior Court, Cumberland County, for certain household furniture alleged to have been delivered to the defendant by the Reliable Furniture Company of Portland, on' a so called lease which constituted a conditional sale. The Reliable Furniture Company was a firm composed of Louis Silverman and Max Levi. The plaintiff claimed as assignee from the vendors. Plea, the general issue with a brief statement to the effect that no lease of the furniture was given, that the sale was absolute and that the furniture was subsequently…

1Opinion of the CourtCornish, J.

Replevin for certain household furniture alleged to have been delivered to the defendant by the Reliable Furniture Company of Portland, on a so-called lease, which constituted a conditional sale. The plaintiff claims as assignee from the vendors. The defendant contends that no lease was given, that the sale was absolute and that the goods were subsequently mortgaged by him to a third party.

On the question of fact whether a lease was given and whether the original sale was conditional or unconditional, the jury have found in favor of the plaintiff and we do not feel warranted in disturbing the…

2Cases cited4 opinions

  1. W. W. Kimball Co. v. MellonWisconsin Supreme Court · 1891
  2. Barton v. GrosecloseIdaho Supreme Court · 1905
  3. Myres v. YapleMichigan Supreme Court · 1886
  4. Spoon v. FrambachSupreme Court of Minnesota · 1901

3Cited by4 opinions

  1. State Bank v. JohnsonWashington Supreme Court · 1918
  2. National Aid Life Ass'n v. WilesSupreme Court of Oklahoma · 1935
  3. National Bond & Investment Co. v. EvansSupreme Court of Kansas · 1925
  4. First Union National Bank v. CurtisSupreme Judicial Court of Maine · 2005

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