Day v. Swift

Supreme Judicial Court of Maine

Day v. Swift

48 Me. 368

CourtSupreme Judicial Court of Maine

DecidedJuly 1, 1859

StatusPublished

Cited by2 cases

This text of 48 Me. 368 (Day v. Swift) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Day v. Swift, 48 Me. 368 (Me. 1859).

Pincite

Opinion

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 Kent, JJ., concurred.

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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 Kent, JJ., concurred.

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Bluebook (online)

48 Me. 368, Counsel Stack Legal Research, https://law.counselstack.com/opinion/day-v-swift-me-1859.

Opinion

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