Rochester Lumber Co. v. Locke
Supreme Court of New Hampshire
The first action is assumpsit. The second is trover by the sheriff, to recover the' value of goods attached in the first action and taken from him by the defendant. Trial at the September term, 1902, of the superior court before Young, J., who found the following facts: January 25, 1901, Locke mortgaged ‘ certain personal property to one Cavanaugh, who did not make or subscribe the affidavit required by the statute.
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The first action is assumpsit. The second is trover by the sheriff, to recover the' value of goods attached in the first action and taken from him by the defendant. Trial at the September term, 1902, of the superior court before Young, J., who found the following facts: January 25, 1901, Locke mortgaged ‘ certain personal property to one Cavanaugh, who did not make or subscribe the affidavit required by the statute. January 11, 1902, the Lumber Company caused Smith to attach the same property in a suit against Locke. Neither Smith nor the Lumber Company had actual knowledge of the mortgage,…
1Opinion of the CourtParsons, C. J.
As against the defendant Locke, the plaintiff company acquired by the attachment a lien upon the property attached for the satisfaction of any execution which they might obtain in the suit. Kittredge v. Warren, 14 N. H. 509; Kittredge v. Emerson, 15 N. H. 227. The order of the court making such application was therefore authorized, unless the facts stated in the ease arising after the attachment have annulled this lien as against Locke. The actual possession by Smith of the property taken by the defendant Locke is sufficient evidence of title to sustain an action of trover against a mere…
2Cases cited5 opinions
- Doe v. ChildressSupreme Court of the United States · 1875
- T. & P. R'y Co. v. DurrettTexas Supreme Court · 1882
- Frazee v. NelsonMassachusetts Supreme Judicial Court · 1901
- Sims, Harrison & Co. v. Jacobson & Co.Supreme Court of Alabama · 1874
- Herndon v. DavenportCourt of Appeals of Texas · 1889
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- State Bank of Stearns v. StephensCourt of Appeals of Kentucky (pre-1976) · 1936
- Walker v. ConnellNorth Dakota Supreme Court · 1933
- Ricard v. Pollard Auto Co.Supreme Court of New Hampshire · 1934
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