Haynes v. Temple
Massachusetts Supreme Judicial Court
Tort for the conversion of two horses. Writ in the Superior Court for the county of Middlesex dated December 10, 1906. There was a trial before Lawton, J. It appeared that possession of the horses in question had been delivered to the plaintiffs by the defendant under the agreement of conditional sale described in the opinion, that the plaintiffs had defaulted in the payment of the first two of the three notes given by them to the defendant, that the defendant had recovered…
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Tort for the conversion of two horses. Writ in the Superior Court for the county of Middlesex dated December 10, 1906. There was a trial before Lawton, J. It appeared that possession of the horses in question had been delivered to the plaintiffs by the defendant under the agreement of conditional sale described in the opinion, that the plaintiffs had defaulted in the payment of the first two of the three notes given by them to the defendant, that the defendant had recovered judgment thereon, which had been satisfied, and then, the plaintiffs not paying the third note, had taken possession of…
1Opinion of the CourtHammond, J.
The price to be paid for the horses was $400, of which $200 was to paid in one month, $100 in two months, and $100 in three months from August 22, 1904; and three notes for these respective sums were given. To each note was attached a statement that the horses were “ to be and remain the entire and absolute property of . . . [the defendant] . . until said note is fully paid . . . with interest.” It is argued by the plaintiffs that upon the payment of either of these notes the title to the horses was to pass to the plaintiffs. But this position is untenable. The delivery of the horses by the…
2Cases cited2 opinions
- Connihan v. ThompsonMassachusetts Supreme Judicial Court · 1873
- Whitney v. AbbottMassachusetts Supreme Judicial Court · 1906
3Cited by12 opinions
- Russell v. MartinMassachusetts Supreme Judicial Court · 1919
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- Wilkins v. Commercial Finance Co.Supreme Court of North Carolina · 1953
- Silverstin v. Kohler & ChaseCalifornia Supreme Court · 1919
- Endicott v. DigernessOregon Supreme Court · 1922
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