White v. Phelps
Superior Court of New Hampshire
TRovee, for a horse. The plaintiff, to show property in himself, gave in evidence a mortgage of the horse, from one John G. Howe, dated December 1st, 1837, and duly recorded, to secure the sum of $25. It appeared in evidence, that the horse having been left in the possession of Howe, he, in February, 1838, sold him to one O. P. Greenleaf, for the sum of $24; and that soon after this, Howe informed the plaintiff of this sale, and the plaintiff replied that he cared not what…
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TRovee, for a horse. The plaintiff, to show property in himself, gave in evidence a mortgage of the horse, from one John G. Howe, dated December 1st, 1837, and duly recorded, to secure the sum of $25. It appeared in evidence, that the horse having been left in the possession of Howe, he, in February, 1838, sold him to one O. P. Greenleaf, for the sum of $24; and that soon after this, Howe informed the plaintiff of this sale, and the plaintiff replied that he cared not what became of the horse, he did not want him. In the spring following, the horse passed from Greenleaf into the possession of…
1Opinion of the CourtPaRker, C. J.
The declaration of the plaintiff, made after the transfer of the property by Howe, the mortgager, that he cared not what became of the horse, <fcc., cannot preclude the plaintiff from setting up the mortgage title, there being no evidence of any consideration for it as a release, and the sale not having been made on the credit of it, if that might make any difference. It was a mere loose declaration, which cannot operate as an estoppel. Rice vs. Chase, 9 N. H. Rep. 179. It might have a tendency to show that the *385mortgage had been settled, and be used with other evidence to show that fact, if…
2Cases cited2 opinions
- White v. OsbornNew York Supreme Court · 1839
- Odiorne v. LyfordSuperior Court of New Hampshire · 1838
3Cited by2 opinions
- Moulton v. RobinsonSuperior Court of New Hampshire · 1853
- Carr v. CloughSuperior Court of New Hampshire · 1853