Ward v. Sumner

Massachusetts Supreme Judicial Court March 15, 1827

Ward v. Sumner, 22 Mass. 59 (Mass. 1827)

Opinion of the Court

Per Curiam.

We think this is a mortgage and not a pledge. Whether it should be considered as one or the other, depends on the intent of the parties ; and as the chattels were not delivered into the possession of the plaintiffs, it could not be a pledge.1

See Story on Bailments, 198, 201; 4 Kent’s Comm. (3d ed.) 138; Homes v Crane, 2 Pick. (2d ed.) 610, n. 1; 2 Story’s Comm. Eq. 296, 297.

Reference

Full Case Name: William H. Ward versus Charles P. Sumner, Sheriff &c.
Status: Published