Moors v. Reading
Massachusetts Supreme Judicial Court
Replevin of a quantity of iron. Trial in the Superior Court, before Blodgett, J., who ruled that the action could not be maintained ; directed the jury to return a verdict for the defendants; and, at the request of the parties, reported the case for the determination of this court. The facts appear in the opinion,
1Opinion of the CourtAllen, J.
The question in this case is whether there was any evidence for the jury that the plaintiffs took and retained possession so as to give them a valid title to the goods replevied. If they were mortgagees, their title would not be valid unless the mortgaged property was delivered to and retained by them, no record of the mortgages having been made. St. 1883, c. 73, § 2. If, however, they were pledgees, their title would also fail *323unless the property was delivered to and retained by them. So that it makes no difference in the determination of the case whether they were mortgagees or pledgees.…
2Cases cited23 opinions
- Casey v. CavarocSupreme Court of the United States · 1878
- The "Idaho."Supreme Court of the United States · 1877
- Carpenter v. SnellingMassachusetts Supreme Judicial Court · 1867
- Blanchard v. CookeMassachusetts Supreme Judicial Court · 1887
- Forbes v. Boston and Lowell RailroadMassachusetts Supreme Judicial Court · 1882
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3Cited by25 opinions
- Fourth St. Nat. Bank v. Millbourne Mills Co.'s TrusteeCourt of Appeals for the Third Circuit · 1909
- Heffernan v. Wollaston Credit UnionMassachusetts Appeals Court · 1991
- Harding v. EldridgeMassachusetts Supreme Judicial Court · 1904
- Textor v. OrrCourt of Appeals of Maryland · 1897
- Ryttenberg v. ScheferDistrict Court, S.D. New York · 1904
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