Welch v. Whittemore
Supreme Judicial Court of Maine
Trespass for taking and carrying away and converting to their own use a horse, wagon and harness. Whittemore, as a deputy sheriff, and the other defendant, as his servant, justified under an attachment of the same articles as the property of William F. Welch. The facts appear in the opinion of the Court.
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Trespass for taking and carrying away and converting to their own use a horse, wagon and harness. Whittemore, as a deputy sheriff, and the other defendant, as his servant, justified under an attachment of the same articles as the property of William F. Welch. The facts appear in the opinion of the Court. There was evidence offered by the defendants tending to prove, that the mortgage bill of sale to the plaintiff was fraudulent as to the creditors of William F. Welch, and by the plaintiff tending to show, that it was bona fide. The counsel for the defendants contended, that the general…
1Opinion of the Court
The opinion of the Court was drawn up by
Tenney J.
The right relied upon in support of this action is derived from a mortgage of the goods in question from William F. Welch to the plaintiff for the security of the payment of a promissory note, which had not arrived at maturity at the time of the alleged taking by the defendants. The mortgage provides, that until default of the mortgager, to pay the note according to its tenor, he may retain possession of the property and use and enjoy the same; “ but if the same or any part thereof, shall be attached at any time before payment, &c. by any other…
2Cited by6 opinions
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- Dunlap v. SteeleSupreme Court of Alabama · 1885
- First National Bank v. SorensonWyoming Supreme Court · 1923
- Berlein v. EddySupreme Court of Florida · 1925
- Ferguson v. CliffordSupreme Court of New Hampshire · 1858
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