Day v. Swift

Decided July 1, 1859

Supreme Judicial Court of Maine · decided 1859-07-01

On Report. Trover for a horse. Jedediah Estes testified, — I sold and delivered the horse to the plaintiff, for signing a note with me, as my surety, for $80, payable to defendant. Think defendant was present when I delivered the horse to plaintiff. Sometime afterwards he let me have the horse to use. Sold him to defendant afterwards, and informed him that plaintiff owned the horse. At the time of sale to defendant I agreed to pay the plaintiff for the horse.

Cited by 2 later decisions — most recently July 1895

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1859-07-01

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¶1The opinion of the Court was announced by

Davis, J.

¶2The 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.