Hodgdon v. Libby
Supreme Court of New Hampshire
Coös, Trover, for a stock of goods. Facts found by a referee. The defendant is assignee of J. A. Hodgdon, who was decreed an insolvent in September, 1895. The plaintiffs claim the goods under mortgages dated February 1, 1895, and April 6, 1895, both of which were duly recorded. October 28, 1895, the defendant took possession of the property and has held it ever since, claiming it as assignee.
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Coös, Trover, for a stock of goods. Facts found by a referee. The defendant is assignee of J. A. Hodgdon, who was decreed an insolvent in September, 1895. The plaintiffs claim the goods under mortgages dated February 1, 1895, and April 6, 1895, both of which were duly recorded. October 28, 1895, the defendant took possession of the property and has held it ever since, claiming it as assignee. The property is described in the second mortgage as “ all the stock in trade and fixtures now in my store, situate on the easterly side of Main street in said Berlin.” The defendant objected that the…
1Opinion of the CourtPike, J.
The description of the property mortgaged was sufficient. Morse v. Pike, 15 N. H. 529, 532; Fuller v. Rounceville, 31 N. H. 512, 519; Call v. Gray, 37 N. H. 428; Sumner v. Blakslee, 59 N. H. 242; Benton v. Benton, 63 N. H. 289, 295. Any description is sufficient from which the property can be identified. Sherman v. Hanno, 66 N. H. 160, 163.
It is immaterial that the oath was not varied. The mortgages were valid as between the parties, and as against subsequent purchasers with notice and the defendant assignee, without any oath or record. Smith v. Moore, 11 N. H. 55, 63; Gooding v. Riley, 50 N.…
2Cases cited7 opinions
- Adams v. LeeSupreme Court of New Hampshire · 1887
- Wilson v. SullivanSupreme Court of New Hampshire · 1878
- Sherman v. HannoSupreme Court of New Hampshire · 1889
- Lovell v. OsgoodSupreme Court of New Hampshire · 1880
- Benton v. BentonSupreme Court of New Hampshire · 1884
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Buffalo Refrigerating Mach. Co. v. Penn Heat & Power Co.Court of Appeals for the Third Circuit · 1910
- In re StreeterDistrict Court, D. New Hampshire · 1927
- Sharp v. HollisterSupreme Court of Colorado · 1918
- Holmgren v. Keene Oil Co.District Court, D. New Hampshire · 1935
- In re Olzendam Co.U.S. Circuit Court for the District of New Hampshire · 1902
1 more not listed; retrieve them via the Exa API.