Baldwin v. Thayer
Supreme Court of New Hampshire
Trover, for 10,000 feet, more or less, of lumber. Facts found, and case transferred from the September term, 1901, of the superior court, by Stone, J. July 18, 1900, at about nine o’clock in thefforenoon, Eben C. Getchell went to the defendant’s store in Woodsville in this county, and offered to sell him a carload of lumber of 13,000 feet, at $12 per thousand, less the freight to Barre, Vermont, the defendant to pay him $50 cash, credit him the amount of his indebtedness…
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Trover, for 10,000 feet, more or less, of lumber. Facts found, and case transferred from the September term, 1901, of the superior court, by Stone, J. July 18, 1900, at about nine o’clock in thefforenoon, Eben C. Getchell went to the defendant’s store in Woodsville in this county, and offered to sell him a carload of lumber of 13,000 feet, at $12 per thousand, less the freight to Barre, Vermont, the defendant to pay him $50 cash, credit him the amount of his indebtedness ($51), and pay him the balance out of his store from time to* time. Thereupon the defendant went with Getchell to the…
1Opinion of the CourtBlodgett, C. J.
Whether at the time of the attachment the title to the lumber in question had passed as between the vendor and the vendee, it is unnecessary to determine; for treating the transaction as a completed sale as to the parties, we think it was void as to the attaching creditor.
By the law of Vermont, as we understand it to be held and by which this case is to be determined, “a sale is fraudulent in law unless there is a change of possession; possession in the vendee, open, notorious, and exclusive; that is, apparent and such as would indicate to an observer a change of ownership; exclusive, not…
2Cases cited11 opinions
- Hart v. Farmers & Mechanics BankSupreme Court of Vermont · 1860
- Weeks v. PrescottSupreme Court of Vermont · 1880
- Hutchins v. GilchristSupreme Court of Vermont · 1850
- Rice & Danenbaum v. CourtisSupreme Court of Vermont · 1860
- Perrin v. ReedSupreme Court of Vermont · 1861
6 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Hansen v. Grand Trunk Railway Co.Supreme Court of New Hampshire · 1917