Sherman v. Matthews , 81 Mass. 508 ( 1860 )

By the Court.

A person who has a paper given him by the owner of a horse, intended as a mortgage' of the horse, but which by a clerical error is defective, and who has also a verbal license from the owner to take the horse under the supposed mortgage, is not answerable in tort, for taking the horse, to the person in whose possession the horse was found, but who had no right to the possession. Exceptions sustained.