Spinney v. Cook
Supreme Judicial Court of Maine
On report. This is an action of replevin for one roan colt named “Harry.” The plaintiff held a mortgage on certain horses, given by T. E. Wilson Company to secure a balance due on a note of the said company. In the mortgage was this clause: “Also any and all other property which said T. E. Wilson Company (incorporated) shall hereafter purchase with money of said T. E. Wilson Company.”
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On report. This is an action of replevin for one roan colt named “Harry.” The plaintiff held a mortgage on certain horses, given by T. E. Wilson Company to secure a balance due on a note of the said company. In the mortgage was this clause: “Also any and all other property which said T. E. Wilson Company (incorporated) shall hereafter purchase with money of said T. E. Wilson Company.” After this mortgage was given, the T. E. Wilson Company purchased a horse called “Harry,” the same replevied in this suit. The said company gave for this horse its note, Which was subsequently paid with its…
1Opinion of the CourtSpear, J.
The plaintiffs held a personal mortgage of the T. E. Wilson Company to secure a balance of $2,250, due upon a note of the company. The chattels enumerated as security were horses. In the mortgage was written this clause: “Also any and all other property which said T. E. Wilson Company (incorporated) shall hereafter purchase with money of said T. E. Wilson Company (incorporated).” After this mortgage was given, the T. E. Wilson Company purchased a horse, the subject of this controversy, called “Harry,” giving a note in payment, and later paying the note, so that this horse was purchased “with…
2Cited by1 opinion
- In re ReevesCourt of Chancery of Delaware · 1914