Batchelder v. Sanborn
Supreme Court of New Hampshire
Trover, for a piano delivered by the plaintiff to Alonzo W. Pinkham upon a written contract purporting to be a lease, which provided that Pinkham should pay the plaintiff $5 a month until $225 was paid, with interest, and thereupon the plaintiff should execute and deliver to him a good bill of sale of the instrument ; that in the meantime it should remain the property of the plaintiff, who might at any time take immediate possession of it in case of failure of performance by…
Read the full summary
Trover, for a piano delivered by the plaintiff to Alonzo W. Pinkham upon a written contract purporting to be a lease, which provided that Pinkham should pay the plaintiff $5 a month until $225 was paid, with interest, and thereupon the plaintiff should execute and deliver to him a good bill of sale of the instrument ; that in the meantime it should remain the property of the plaintiff, who might at any time take immediate possession of it in case of failure of performance by Pinkham. There was no affidavit of the parties to the good faith of the contract, and it was not recorded. Under this…
1Opinion of the CourtAllen, J.
By the terms of the agreement upon which the piano was delivered by the plaintiff to Pinkham, the transaction was a conditional sale of the piano, within the meaning of c. 80, Laws of 1885, requiring a public record of such sales to protect the vendor against the vendee’s creditors. Grerrish v. Clark, 64 N. H. 492. Before the statute of 1885, neither the conditional vendee holding property so delivered, nor his assignee to whom a sale might have been attempted, had any title to the property which could be taken by attachment and execution. Luey v. Bundy, 9 N. H. 298; McFarland v. Farmer, 42…
2Cases cited1 opinion
- Gerrish v. ClarkSupreme Court of New Hampshire · 1887
3Cited by1 opinion
- In re CavagnaroDistrict Court, D. New Hampshire · 1906