Colby v. Campbell
Supreme Court of New Hampshire
Replevin, for certain articles of personal property. Trial by tbe court. December 17, 1897, when tbe defendant and his son were boarding with the plaintiff, the defendant conveyed to her a pair of horses as security for all money he was then owing or might at any time thereafter owe her.
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Replevin, for certain articles of personal property. Trial by tbe court. December 17, 1897, when tbe defendant and his son were boarding with the plaintiff, the defendant conveyed to her a pair of horses as security for all money he was then owing or might at any time thereafter owe her. The property replevied subsequently came into tbe plaintiff’s possession, and she claimed to hold it by virtue of a lien, under the provisions of section 1, chapter 141, of the Public Statutes, for the board of the defendant and his son. There was due her on the date of the writ $90 on this account, but the…
1Opinion of the CourtWallace, J.
If the taking of security was intended as a waiver of the lien, the verdict must stand. Whether the acts of the parties and the other evidence established a waiver was a question of fact to be decided at the trial term (Pickett v. Bullock, 52 N. H. 354; Fuller v. Brown, 67 N. H. 188; Estes v. Insurance Co., 67 N. H. 462), and the case presents no question of law.
Exception overruled.
Y oung, J., did not sit: the others concurred.
2Cases cited2 opinions
- Fuller v. BrownSupreme Court of New Hampshire · 1892
- Estes v. Home Manufacturers & Traders Mutual InsuranceSupreme Court of New Hampshire · 1893