Luce v. Hadley

Massachusetts Supreme Judicial Court

Luce v. Hadley

119 Mass. 229, 1875 Mass. LEXIS 126

CourtMassachusetts Supreme Judicial Court

DecidedDecember 18, 1875

StatusPublished

Cited by4 cases

This text of 119 Mass. 229 (Luce v. Hadley) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Luce v. Hadley, 119 Mass. 229, 1875 Mass. LEXIS 126 (Mass. 1875).

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Opinion

By the Court.

The only question, which arises on the bill of exceptions in this case, is whether the mortgagee of a vessel who is in possession, and to whom supplies for the use of the vessel have been furnished, under such circumstances that he is [231]*231liable for them, is properly described in the declaration as owner of the vessel.

By the well settled law of this state, a mortgage of a chattel vests the title and property in the mortgagee, which, although not absolute, is only defeasible upon a condition subsequent; and, unless there is an agreement to the contrary, the right of possession follows the right of property. The mortgagee is therefore properly described as owner. Pratt v. Harlow, 16 Gray, 379. Coles v. Clark, 3 Cush. 399, 401. Esson v. Tarbell, 9 Cush. 407, 411. Dean v. M' Ghie, 4 Bing. 45, 49. Dickinson v. Kitchen, 8 El. & Bl. 789. Brown v. Tanner, L. R. 3 Ch. 597, 602. Exceptions overruled.

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By the Court.

The only question, which arises on the bill of exceptions in this case, is whether the mortgagee of a vessel who is in possession, and to whom supplies for the use of the vessel have been furnished, under such circumstances that he is [231]*231liable for them, is properly described in the declaration as owner of the vessel.

By the well settled law of this state, a mortgage of a chattel vests the title and property in the mortgagee, which, although not absolute, is only defeasible upon a condition subsequent; and, unless there is an agreement to the contrary, the right of possession follows the right of property. The mortgagee is therefore properly described as owner. Pratt v. Harlow, 16 Gray, 379. Coles v. Clark, 3 Cush. 399, 401. Esson v. Tarbell, 9 Cush. 407, 411. Dean v. M' Ghie, 4 Bing. 45, 49. Dickinson v. Kitchen, 8 El. & Bl. 789. Brown v. Tanner, L. R. 3 Ch. 597, 602. Exceptions overruled.

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Bluebook (online)

119 Mass. 229, 1875 Mass. LEXIS 126, Counsel Stack Legal Research, https://law.counselstack.com/opinion/luce-v-hadley-mass-1875.

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