Janelle v. Denoncour
Supreme Court of New Hampshire
Trover, for a kiln of brick, attached by the defendant as deputy sheriff upon writs against one Morrell on November 26,1892, and subsequently sold upon executions issued in the actions. Trial by jury. Verdict for the plaintiff! At the close of the evidence the defendant moved that a verdict be directed for him. The motion was denied, and the defendant excepted.
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Trover, for a kiln of brick, attached by the defendant as deputy sheriff upon writs against one Morrell on November 26,1892, and subsequently sold upon executions issued in the actions. Trial by jury. Verdict for the plaintiff! At the close of the evidence the defendant moved that a verdict be directed for him. The motion was denied, and the defendant excepted. November 21, 1892, the plaintiff purchased of Morrell for $1,375, “ all the hard brick in the kiln situate in the brick-vard in said Plaistow, known as the Janelle brick-yard, now occupied by me,” and took a bill of sale containing the…
1Opinion of the CourtSmith, J.
The question is whether there was such change of possession as is required to constitute a good delivery as against the vendor’s creditors.
The acts indicating change of ownership relied on by the plaintiff’are the recording of the bill of sale in the .office of the town clerk on the day of its date, permission'by Mrs. Morrell that the kiln might remain in the yard until disposed of and the putting of a covering over the kiln by the plaintiff’s servant, by his direction, prior to the attachment.
The bill of sale hot being an instrument required bylaw to be recorded, the record was not notice to…
2Cited by1 opinion
- Harrington v. BlanchardSupreme Court of New Hampshire · 1900