Clark v. Wilson
Massachusetts Supreme Judicial Court
Tort for conversion of the schooner Lena. At the trial in the superior court, before Brigham, C. J., it appeared that the schooner was built by Josiah French, and mortgaged by him to the plaintiffs; that afterwards French gave them a bill of sale of the vessel, absolute on its face, but intended as collateral security for advances by them; that this bill of sale was duly registered at the custom house; and that the vessel was then sent to sea by French, under the charge of a…
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Tort for conversion of the schooner Lena. At the trial in the superior court, before Brigham, C. J., it appeared that the schooner was built by Josiah French, and mortgaged by him to the plaintiffs; that afterwards French gave them a bill of sale of the vessel, absolute on its face, but intended as collateral security for advances by them; that this bill of sale was duly registered at the custom house; and that the vessel was then sent to sea by French, under the charge of a master who barra trously sold her to John Kennedy, who, in his turn, two days afterwards, sold her to the defendant.…
1Opinion of the CourtGeay, J.
The jury have found the defendant guilty of a conversion of the vessel sued for, under instructions to which no exception was taken.
The previous bill of sale of the vessel from the owner to the plaintiffs, absolute in terms, and recorded according to the statutes of the United States, though intended by the parties as collateral security for advances on the ship, transferred the legal title to the plaintiffs, (if not already transferred by the earlier mortgage,) with the right of maintaining an action against a wrongdoer for the conversion of the property. Woodruff v. Halsey, 8 Pick. 333.…
2Cases cited13 opinions
- Comegys v. VasseSupreme Court of the United States · 1828
- Russell v. SouthardSupreme Court of the United States · 1851
- Perrott v. ShearerMichigan Supreme Court · 1868
- Fisher v. New-York Common PleasNew York Supreme Court · 1836
- Murray v. BurlingNew York Supreme Court · 1813
8 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Phœnix Insurance v. Erie & Western Transportation Co.Supreme Court of the United States · 1886
- Mobile & Montgomery Railway Co. v. JureySupreme Court of the United States · 1884
- Chicago, St. Louis & New Orleans Railroad v. Pullman Southern Car Co.Supreme Court of the United States · 1891
- The " Potomac"Supreme Court of the United States · 1882
- Connecticut Fire Insurance v. Erie Railway Co.New York Court of Appeals · 1878
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