Harrington v. Blanchard
Supreme Court of New Hampshire
Trover, for goods described in a sheriff’s receipt. Facts found by a referee. March 19, 1898,' the plaintiff attached the goods as the property of one Moulton, and on May 11 judgment was rendered in favor of the attaching creditor. The defendant pleaded title in himself. Prior to February 28, 1898, Moulton was engaged in trade and in cobbling in a store in Ashland. On that date, in good faith and for an adequate consideration, he sold his stock in trade to the defendant.
Read the full summary
Trover, for goods described in a sheriff’s receipt. Facts found by a referee. March 19, 1898,' the plaintiff attached the goods as the property of one Moulton, and on May 11 judgment was rendered in favor of the attaching creditor. The defendant pleaded title in himself. Prior to February 28, 1898, Moulton was engaged in trade and in cobbling in a store in Ashland. On that date, in good faith and for an adequate consideration, he sold his stock in trade to the defendant. The store was closed long enough to take an inventory of the stock. Moulton was employed to sell the stock for the…
1Opinion of the CourtPike, J.
To render the sale valid as against Moulton’s creditors there should have been “ an open, visible change of possession ” of the goods. Lang v. Stockwell, 55 N. H. 561, 565; Plaisted Sanborn v. Putnam, 61 N. H. 506, 507. No such change resulted from the delivery of the key to the defendant, or the taking of the inventory. Smith v. Moore, 11 N. H. 55, 65. Save that he was acting in the capacity of agent, Moulton exercised precisely the, same control over the goods after the sale as before. In fact, it appeal's that it was arranged between the defendant and himself that the goods should be left…
2Cases cited5 opinions
- Lang v. StockwellSupreme Court of New Hampshire · 1875
- Janelle v. DenoncourSupreme Court of New Hampshire · 1894
- Parker v. MarvellSupreme Court of New Hampshire · 1880
- Plaisted v. HolmesSupreme Court of New Hampshire · 1878
- Sanborn v. PutnamSupreme Court of New Hampshire · 1881