Legal Opinion

Day v. Swift

Supreme Judicial Court of Maine

Decided July 1, 1859PublishedCited by 2 opinions

On Report. Trover for a horse. Jedediah Estes testified, — I sold and delivered the horse to the plaintiff, for signing a note with me, as my surety, for $80, payable to defendant. Think defendant was present when I delivered the horse to plaintiff. Sometime afterwards he let me have the horse to use. Sold him to defendant afterwards, and informed him that plaintiff owned the horse. At the time of sale to defendant I agreed to pay the plaintiff for the horse.

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On Report. Trover for a horse. Jedediah Estes testified, — I sold and delivered the horse to the plaintiff, for signing a note with me, as my surety, for $80, payable to defendant. Think defendant was present when I delivered the horse to plaintiff. Sometime afterwards he let me have the horse to use. Sold him to defendant afterwards, and informed him that plaintiff owned the horse. At the time of sale to defendant I agreed to pay the plaintiff for the horse. Soon after let the plaintiff have some sheep in part payment, about $15 worth. Plaintiff did not agree to re-sell the horse to me,…

1Opinion of the Court

The opinion of the Court was announced by

Davis, J.

The plaintiff signed a note for the sum of eighty dollars, as surety for Estes, and took delivery of the horse in controversy as collateral security. As there was no written conveyance, it was not a mortgage. It could not be recorded. Neither can it avail the plaintiff as a pledge for he did not retain the possession. He delivered the horse back to Estes, who afterwards, sold him to the defendant. The defendant thereby acquired a good title as against the plaintiff. Judgment for the defendant.

Tenney, C. J., Appleton, Cutting, Goodenow and…

2Cited by2 opinions

  1. Treadwell v. PattersonCalifornia Supreme Court · 1877
  2. Britton & Koontz v. HarveySupreme Court of Louisiana · 1895

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