Legal Opinion

Haven v. Emery

Supreme Court of New Hampshire

Decided July 15, 1856PublishedCited by 3 opinions

Bill in Equity. The bill stated that on the 5th of January, 1850, the plaintiffs entered into a written contract with the Portsmouth and Concord Railroad, by which it was agreed that the plaintiffs should purchase twelve hundred tons of railroad iron, and deliver it to the road on a credit of two years from the delivery; that the railroad should pay the cost and charges of the iron and ten per cent, commission, within two years ; that the title to and property in the iron…

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Bill in Equity. The bill stated that on the 5th of January, 1850, the plaintiffs entered into a written contract with the Portsmouth and Concord Railroad, by which it was agreed that the plaintiffs should purchase twelve hundred tons of railroad iron, and deliver it to the road on a credit of two years from the delivery; that the railroad should pay the cost and charges of the iron and ten per cent, commission, within two years ; that the title to and property in the iron should remain in the plaintiffs until it was paid for ; that the iron should be laid by the road in a separate part of…

1Opinion of the Court

Perley, 0. J.

The railroad had authority to make the contract relied on by the plaintiffs. We are unable to perceive that there can be any more objection to the corporation having possession of the iron, and using it on a conditional sale, or on a loan, than to their buying the iron on credit.

As between the parties to the contract, the intention is plain that the property should not vest in the road until the iron was paid for; and that intention will prevail between the parties, unless the laying of the rails in the track necessarily made them an intrinsic and inseparable part of the road, in…

2Cases cited1 opinion

  1. Cross v. MarstonSupreme Court of Vermont · 1845

3Cited by3 opinions

  1. In the Matter of Boston and Maine Corporation, Debtor. Appeal of State of New HampshireCourt of Appeals for the First Circuit · 1979
  2. Wo Co. (Formerly Nytco Leasing, Inc.) v. Benjamin Franklin CorporationCourt of Appeals for the First Circuit · 1977
  3. Saver's Bank v. AndersonSupreme Court of New Hampshire · 1984

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