Thompson v. Dolliver
Massachusetts Supreme Judicial Court
Tort by the administrator of John Coakley for the conversion of four carriages. The case was submitted to the Superior Court, and, after judgment for the plaintiff, to this court on appeal, upon agreed facts, in substance as follows: Coakley, being indebted to the defendant, for money lent and on account of a promissory note, which the- defendant indorsed and has since paid, delivered to him a receipted bill of parcels of the carriages in question, which stated on its face…
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Tort by the administrator of John Coakley for the conversion of four carriages. The case was submitted to the Superior Court, and, after judgment for the plaintiff, to this court on appeal, upon agreed facts, in substance as follows: Coakley, being indebted to the defendant, for money lent and on account of a promissory note, which the- defendant indorsed and has since paid, delivered to him a receipted bill of parcels of the carriages in question, which stated on its face to be “ for security for end. notes and cash.” This paper has not been recorded. At the time it was given, Coakley went…
1Opinion of the CourtDevens, J.
It is important to consider whether the transaction between Coakley, the plaintiff’s intestate, and the defendant is to be treated as, between the parties, a pledge of property for thex security of the defendant, or as a mortgage to him. While the distinction between these two forms of security is well defined, yet, owing to the haste with which transactions are often made, and to the meagreness or abbreviations of the written papers which accompany them, it is not easy always to determine what character is properly to be attributed to them. In Ward v. Sumner, 5 Pick. 59, it is said that…
2Cited by25 opinions
- Simpson v. . Foundation Co.New York Court of Appeals · 1911
- Conrad v. FisherMissouri Court of Appeals · 1889
- Moors v. ReadingMassachusetts Supreme Judicial Court · 1897
- Harding v. EldridgeMassachusetts Supreme Judicial Court · 1904
- Shaw v. SillowayMassachusetts Supreme Judicial Court · 1888
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