Dorntee Casket Co. v. Gunnison
Supreme Court of New Hampshire
Case, for attaching and detaining certain goods as the property of one Yeaton. Facts found by the court. The plaintiffs are dealers in funeral supplies in Boston. They claimed title to the goods under a written memorandum, dated April 17,1896, signed by them and one Yeaton, providing in substance that the title to the goods attached which were furnished him by them should not pass to Yeaton until fully paid for.
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Case, for attaching and detaining certain goods as the property of one Yeaton. Facts found by the court. The plaintiffs are dealers in funeral supplies in Boston. They claimed title to the goods under a written memorandum, dated April 17,1896, signed by them and one Yeaton, providing in substance that the title to the goods attached which were furnished him by them should not pass to Yeaton until fully paid for. Yeaton carried on the undertaking business in Newport with the goods so furnished until February, 1897, when the goods were attached by creditors of Yeaton, who had no notice of the…
1Opinion of the CourtParsons, J.
As it is now found that the contract of sale from the plaintiffs to Yeaton was made and executed in Massachusetts, and that the lien reserved was valid by the law of Massachusetts without further formality, the failure to comply with the requirements of oath and record necessary to validate such a contract in this state (P. S., e. 140, ss. 23, 24) does not destroy the plaintiffs’ title. The reservation to the seller of title to the goods until payment, valid within the jurisdiction where the contract was made and the goods delivered, was not rendered invalid by the fact that Yeaton…
2Cases cited1 opinion
- Cleveland MacHine Works v. LangSupreme Court of New Hampshire · 1892
3Cited by3 opinions
- Rodecker v. JannahWashington Supreme Court · 1923
- Mergenthaler Linotype Co. v. HullCourt of Appeals for the First Circuit · 1916
- J. R. Townsend Co. v. New Hampshire Auto Co.Supreme Court of New Hampshire · 1962