Sargent v. Usher
Supreme Court of New Hampshire
Trovek for two horses. Writ dated March 81,1874. Plea, the general issue. Trial before Rand, J., September term, 1874. The horses were taken at the plaintiff’s barn, in Nashua, March 25, 1874, by the defendant, under two mortgages given by George E. Robinson, one to the defendant, October 27,1878, duly recorded October 28, 1878, the other to one Charles W. Glidden, dated November 27,1873, recorded.
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Trovek for two horses. Writ dated March 81,1874. Plea, the general issue. Trial before Rand, J., September term, 1874. The horses were taken at the plaintiff’s barn, in Nashua, March 25, 1874, by the defendant, under two mortgages given by George E. Robinson, one to the defendant, October 27,1878, duly recorded October 28, 1878, the other to one Charles W. Glidden, dated November 27,1873, recorded. November 28,1873, and duly assigned to the defendant, January 23, 1874. The parties to these mortgages, and the horses, were all of Malden, Massachusetts, at the time of the execution of said…
1Opinion of the Court
Agister's lien. The general property in the horses, carrying with it the right of possession, was in the defendant by virtue of the mortgages, subject of course to the right of redemption in Robinson — Leach v. Kimball,34 N.H. 568, Brackett v. Bullard, 12 Met. 308, 4 Kent's Com. 138, and Bank v. Jones, 4 N.Y. 497; and it is clear that, so far as regards any supposed power of the mortgagor to defeat this right of possession, and, in effect, abrogate this right of property by subjecting it to a lien, he stands in no different position from that of a bailee. The only question in the case, then,…
2Cases cited7 opinions
- Saltus & Saltus v. EverettNew York Supreme Court · 1838
- The Bank of Rochester v. . JonesNew York Court of Appeals · 1851
- Hyde v. NobleSuperior Court of New Hampshire · 1843
- Ray v. AddenSupreme Court of New Hampshire · 1870
- Kingsbury v. SmithSuperior Court of New Hampshire · 1842
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- New Hampshire Finance Corp. v. LaMarcheSupreme Court of New Hampshire · 1931
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