Putnam v. Osgood
Supreme Court of New Hampshire
This is replevin, by Alonzo W. Putnam against Joseph D. Osgood, for a stock of goods attached by the defendant on a writ in favor of one Blaisdell against one Child, the plaintiff claiming under a mortgage from said Child. The questions of law arise upon the supplemental report and additional report of an auditor, by agreement of parties. SUPPLEMENTAL REPORT.
Read the full summary
This is replevin, by Alonzo W. Putnam against Joseph D. Osgood, for a stock of goods attached by the defendant on a writ in favor of one Blaisdell against one Child, the plaintiff claiming under a mortgage from said Child. The questions of law arise upon the supplemental report and additional report of an auditor, by agreement of parties. SUPPLEMENTAL REPORT. The auditor, in the action Alonzo W. Putnam against Joseph D. Osgood, having made a general report, makes at the same time a supplemental report, as follows : It was agreed by the parties at the hearing, that the auditor should, in a…
1Opinion of the CourtBellows, C. J.
The first question is, whether this mortgage, under the circumstances, was originally valid as against the creditor at whose suit the goods in question were attached.
The mortgage was made February 8,1867, and was of a stock of goods in a country store, together with some wagons, harnesses, sleighs, and wood ; and, from the additional report of the auditor, it appears that at the time it was executed each party had an understanding in his own mind that the mortgagor was to be permitted to cany on trade as usual in the store, although this understanding was not communicated by either to the…
2Cases cited7 opinions
- Wood v. LowryNew York Supreme Court · 1837
- Divver & Gunton v. McLaughlinNew York Supreme Court · 1829
- McGill's creditors v. McGill's administratorCourt of Appeals of Kentucky · 1859
- Jones v. JonesCourt of Appeals of Kentucky · 1860
- Commonwealth v. SmithMassachusetts Supreme Judicial Court · 1850
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- United States v. Boston & Berlin Transportation Co.District Court, D. New Hampshire · 1964