Brigham v. Weaver
Massachusetts Supreme Judicial Court
Trover for the conversion of chattels described in the plaintiff’s declaration. At the trial, before Metcalf, J., the plaintiff gave in evidence a mortgage of the chattels, made to him by John Strong, on the 14th of April, 1845, and recorded in the office of the clerk of the town where Strong then resided and principally transacted his business.
Read the full summary
Trover for the conversion of chattels described in the plaintiff’s declaration. At the trial, before Metcalf, J., the plaintiff gave in evidence a mortgage of the chattels, made to him by John Strong, on the 14th of April, 1845, and recorded in the office of the clerk of the town where Strong then resided and principally transacted his business. The defendants, without calling for proof that they had converted the chattels, admitted that their only defence to the action was, that, after the mortgage was recorded, Strong changed his place of business by removing to another town in this…
1Opinion of the Court
This case was argued and decided at a former term.
Metcalf, J.
At common law, it was not necessary to the validity of a mortgage of personal property, that the mortgagee should have possession of the property, or that the mortgage should be recorded. But by St. 1832, c. 157, § 1, it was enacted, that no such mortgage, thereafter made, should “ be valid against any other person than the parties thereto, unless possession of the mortgaged property be delivered to, and retained by the mortgagee, or unless the said mortgage be recorded in the office of the clerk of the city or town where the…
2Cited by28 opinions
- Ramsey v. HurleyTexas Supreme Court · 1888
- McCann v. RandallMassachusetts Supreme Judicial Court · 1888
- Campbell v. WhiteMichigan Supreme Court · 1871
- Kellogg v. TompsonMassachusetts Supreme Judicial Court · 1886
- Harmon v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1896
23 more not listed; retrieve them via the Exa API.