SALES FINANCE CORP. v. McDERMOTT APPLIANCE CO. INC.


340 Mass. 493 (1960)

165 N.E.2d 119

SALES FINANCE CORP. vs. McDERMOTT APPLIANCE COMPANY, INC. & others.

Supreme Judicial Court of Massachusetts, Middlesex.

March 8, 1960.


Attorney(s) appearing for the Case

Herbert Abrams, for the plaintiff.

Cyril Hochberg, for the defendants.

Present: WILKINS, C.J., WILLIAMS, COUNIHAN, WHITTEMORE, & CUTTER, JJ.


WHITTEMORE, J.

This replevin action puts in issue the title to merchandise which, when seized under the writ, was in the possession of the defendants Millen and Lamb as assignees for the benefit of creditors of the corporate defendant, McDermott Appliance Company, Inc., and claimed by the assignees as their property. The plaintiff asserts a security title under trust receipts executed by the corporate defendant in 1957 in which it described itself as, and signed,...

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