Legal Opinion

Copeland v. Barnes

Massachusetts Supreme Judicial Court

Decided October 2, 1888PublishedCited by 12 opinions

Replevin of certain goods, brought by the assignee in insolvency of Charles A. Wright. At the trial in the Superior Court, before Blodgett, J., the defendant introduced evidence tending to prove that on March 9, 1886, Wright, who was the son of the defendant, bought certain personal property, and took from the seller a bill of sale thereof running to himself; that the defendant lent to Wright the purchase money and took his promissory note therefor; that at the same time…

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Replevin of certain goods, brought by the assignee in insolvency of Charles A. Wright. At the trial in the Superior Court, before Blodgett, J., the defendant introduced evidence tending to prove that on March 9, 1886, Wright, who was the son of the defendant, bought certain personal property, and took from the seller a bill of sale thereof running to himself; that the defendant lent to Wright the purchase money and took his promissory note therefor; that at the same time Wright delivered to the defendant the bill of sale as security for the note, the defendant supposing it to be a mortgage;…

1Opinion of the CourtC. Allen, J.

In this case it appears that Wright bought certain personal property, took a bill of sale, borrowed money *390of the defendant, who was his mother, to pay the price, gave a'note to her for the money, and delivered to her as security the bill of sale running to himself, she supposing it was a good security,—indeed, apparently supposing it was a mortgage. After-wards, on December 21, 1886, upon learning that it was not a mortgage, she demanded and received a mortgage ; and on February 20,1887, took possession of the property. But these later transactions Were both within six months before the…

2Cases cited3 opinions

  1. Forbes v. HoweMassachusetts Supreme Judicial Court · 1869
  2. Thompson v. DolliverMassachusetts Supreme Judicial Court · 1882
  3. Shaw v. SillowayMassachusetts Supreme Judicial Court · 1888

3Cited by12 opinions

  1. Mason v. PomeroyMassachusetts Supreme Judicial Court · 1890
  2. Harding v. EldridgeMassachusetts Supreme Judicial Court · 1904
  3. Atherton v. BeamanCourt of Appeals for the First Circuit · 1920
  4. Jaquith v. DavenportMassachusetts Supreme Judicial Court · 1906
  5. Bush v. BoutelleMassachusetts Supreme Judicial Court · 1892

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