Janvrin v. Fogg
Supreme Court of New Hampshire
Replevin, by George Janvrin against Andrew J. Fogg, a deputy sheriff, for goods,which he had attached, April 3,1867, as the property of one Albert Janvrin, a son of the plaintiff, on writs in favor of certain creditors of Albert, said creditors being merchants of Boston and being the defendants in interest.
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Replevin, by George Janvrin against Andrew J. Fogg, a deputy sheriff, for goods,which he had attached, April 3,1867, as the property of one Albert Janvrin, a son of the plaintiff, on writs in favor of certain creditors of Albert, said creditors being merchants of Boston and being the defendants in interest. The plaintiff’s writ was dated April 3, 1867, and was served April 5, 1867. The only question was, whether plaintiff’s claim to the goods was fraudulent as against creditors of Albert. The plaintiff introduced,.and relied upon, a mortgage of goods from Amen, to nimself, dated April 2,…
1Opinion of the CourtSargent, J.
In this case, the possession was taken under the mortgage, there was no attempt to make it a pledge, and neither of the parties intended it as a pledge. We do not need here to decide, that a party could not take possession of property, as pledgee, and then, lest his pledge might fail, he might take a mortgage, and hold under both, so that if one should fail, he might hold under the other, when both parties understood, and intended it to be so. Whether this would be so, or whether he would be compelled to elect which security he would rely upon, which remedy he would pursue, in fairness to…
2Cases cited1 opinion
- Holyoke Machine Co. v. Franklin Paper Co.Massachusetts Supreme Judicial Court · 1867
3Cited by2 opinions
- Clark v. TarbellSupreme Court of New Hampshire · 1876
- Hoit v. RussellSupreme Court of New Hampshire · 1876