Carpenter v. Snelling
Massachusetts Supreme Judicial Court
Replevin by the assignees in insolvency of the estate of George W. Pettes. Writ dated November 21,1866. Trial in the superior court before Devens, J., who made a report thereof substantially as follows: The notice of the insolvency of Pettes was first published on November 8, 1866, and the assignment of his estate to the plaintiffs was made on November 19. He was the owner of the property replevied except as against such title as the defendant may have acquired by virtue of…
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Replevin by the assignees in insolvency of the estate of George W. Pettes. Writ dated November 21,1866. Trial in the superior court before Devens, J., who made a report thereof substantially as follows: The notice of the insolvency of Pettes was first published on November 8, 1866, and the assignment of his estate to the plaintiffs was made on November 19. He was the owner of the property replevied except as against such title as the defendant may have acquired by virtue of certain papers, all dated and executed on August 16, 1866, and the transactions under and relating to them. They were:…
1Opinion of the CourtBigelow, C. J.
The transaction between the defendant and the insolvent debtor on the sixteenth day of August, 1866, as it appears on the face of the written contracts then executed by the parties, was in effect a mortgage of the chattels now in controversy. It was a conveyance of them made to secure the payment of a loan of money at a future day, defeasible on the payment of a note given for the amount of the sum loaned. There is nothing in the facts stated in the report which tends to show that this transfer was made under circumstances which would render it invalid either at common law or as contrary to…
2Cited by57 opinions
- Clemens v. ConradMichigan Supreme Court · 1869
- Blanchard v. CookeMassachusetts Supreme Judicial Court · 1887
- Hoxie v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1909
- Green v. HolwayMassachusetts Supreme Judicial Court · 1869
- Hubbard v. BrainardSupreme Court of Connecticut · 1869
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