First National Bank v. Massachusetts Loan & Trust Co.
Massachusetts Supreme Judicial Court
Contract upon an alleged warranty. At the trial in the Superior Court, before Allen, J., without a jury, the following facts appeared: On December 5, 1873, S. B. Bell & Company, in consideration of a loan of $9330, pledged to the defendant 180 cases of tobacco, and signed and delivered to the defendant a contract in which the tobacco was described as follows : “ The same being our own property and free from all incumbrancé, and all of the crop of 1871.” On March 1, 1875, the…
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Contract upon an alleged warranty. At the trial in the Superior Court, before Allen, J., without a jury, the following facts appeared: On December 5, 1873, S. B. Bell & Company, in consideration of a loan of $9330, pledged to the defendant 180 cases of tobacco, and signed and delivered to the defendant a contract in which the tobacco was described as follows : “ The same being our own property and free from all incumbrancé, and all of the crop of 1871.” On March 1, 1875, the plaintiff paid the defendant the sum of $6646, and in consideration thereof the defendant signed and delivered to the…
1Opinion of the CourtAmes, J.
We see no ground on which these exceptions can be sustained. The position of the defendant in relation to the property was that of a pledgee. It is urged that the goods, at the time of the transfer to the plaintiff, were in the actual posr session of the defendant, but this fact does not vary the case. The written assignment does not purport to be a sale of the goods, but of all the defendant’s rights under the contract, and its obvious purpose was to substitute the plaintiff in the place of the original pledgee. What the defendant undertook to convey was all its “ right, title and interest…
2Cited by7 opinions
- Baker v. DavieMassachusetts Supreme Judicial Court · 1912
- Merchants National Bank v. MorrisseyMassachusetts Supreme Judicial Court · 1953
- Maksymiuk v. PucetaMassachusetts Supreme Judicial Court · 1932
- Chatham Pharmaceuticals, Inc. v. Angier Chemical Co.Massachusetts Supreme Judicial Court · 1964
- Gould v. BourgeoisSupreme Court of New Jersey · 1889
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