Daley v. Kennett
Supreme Court of New Hampshire
Trover, for the conversion of a quantity of sawmill machinery, etc. Trial by the court and verdict for the plaintiff. The plaintiff holds two mortgages on the property, and the defendant holds a vendor’s lien, a third mortgage (which does not mention the first and second), and a bill of sale from the mortgagor. There was no question of the due execution and record of the various incumbrances, nor of the amount due upon the demands secured thereby.
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Trover, for the conversion of a quantity of sawmill machinery, etc. Trial by the court and verdict for the plaintiff. The plaintiff holds two mortgages on the property, and the defendant holds a vendor’s lien, a third mortgage (which does not mention the first and second), and a bill of sale from the mortgagor. There was no question of the due execution and record of the various incumbrances, nor of the amount due upon the demands secured thereby. Before bringing suit the plaintiff tendered the defendant the amount due upon the lien and demanded the property. The defendant refused to deliver…
1Opinion of the CourtPeaslee, J.
The trial of this case involved a question of what property was covered by the descriptions in the plaintiff’s mortgages, and a large number of items of damage. It was taken from the jury and tried by the court, because the presiding justice found it was “ so complicated and involved so many details that the jury could not clearly understand and comprehend it.” To this procedure the defendant excepted. The finding of fact involved in the ruling is conclusive here. Low v. Society, 67 N. H. 488 ; Dole v. Pike, 64 N. H. 22. The question presented by the exception, therefore, is whether in a case…
2Cases cited3 opinions
- Basey v. GallagherSupreme Court of the United States · 1875
- Untermyer v. . BeinhauerNew York Court of Appeals · 1887
- Johnson v. Atlantic Avenue RailroadNew York Court of Appeals · 1893
3Cited by3 opinions
- Cavanaugh & McCaffrey, Inc. v. BarnardSupreme Court of New Hampshire · 1928
- Mounger v. WellsCourt of Appeals for the Fifth Circuit · 1928
- Curtis S. Ridlon v. New Hampshire Bureau of Securities RegulationSupreme Court of New Hampshire · 2019