Dean v. Cushman
Supreme Judicial Court of Maine
Agreed statement. Trover for 3010 lbs. of hay, valued at §12.04; action brought in Bangor Municipal Court and reported to the law court by the presiding justice on an agreed statement of facts. The material portions of the agreed statement are as follows: The plaintiff claimed title to the hay in question by virtue of a chattel mortgage given to him by Frank W. Oakes of Brewer, on August 18, 1898, for a valuable consideration, duly executed and properly recorded on that day.
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Agreed statement. Trover for 3010 lbs. of hay, valued at §12.04; action brought in Bangor Municipal Court and reported to the law court by the presiding justice on an agreed statement of facts. The material portions of the agreed statement are as follows: The plaintiff claimed title to the hay in question by virtue of a chattel mortgage given to him by Frank W. Oakes of Brewer, on August 18, 1898, for a valuable consideration, duly executed and properly recorded on that day. The property mortgaged was in the possession of the mortgagor at the time of sale to defendant. The defendant purchased…
1Opinion of the CourtSavage, J.
Trover for the conversion of a small quantity of hay.
*456The. plaintiff is mortgagee, under a mortgage which provided that the mortgagor might continue in possession of the hay until the conditions of payment were broken. The defendant was a purchaser from the. mortgagor before condition broken. At the time of the purchase, the defendant had no actual knowledge of the existence of the plaintiff’s mortgage. The agreed statement shows that the hay, at the time of the sale, was in the possession of one Oakes, the mortgagor, that upon the sale being made, the hay “ was then and there placed by Oakes…
2Cases cited4 opinions
- Grant v. KingSupreme Court of Vermont · 1842
- Parker v. MiddlebrookSupreme Court of Connecticut · 1855
- Ashmead v. KelloggSupreme Court of Connecticut · 1854
- Ware v. First Congregational Society in GeorgetownMassachusetts Supreme Judicial Court · 1878
3Cited by9 opinions
- General Motors Acceptance Corporation v. AnaconeSupreme Judicial Court of Maine · 1964
- Sweeney v. DahlSupreme Judicial Court of Maine · 1943
- Bacon v. PenneySupreme Judicial Court of Maine · 1980
- Hall v. Merchants State BankSupreme Court of Iowa · 1925
- Lewiston Trust Co. v. DevenoSupreme Judicial Court of Maine · 1950
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