Adams v. Rice
Supreme Court of New Hampshire
Case, for selling chattels mortgaged by the plaintiff to the defendant before condition broken, with a count in trover for the Robie horse and a dump-cart. Writ dated July 13, 1886. April 20, 1886, the plaintiff executed and delivered to the defendant a mortgage of a gray horse, a black horse, and other chattels to secure the payment of his promissory note of that date for $336, payable to the defendant or order six months from date with interest annually.
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Case, for selling chattels mortgaged by the plaintiff to the defendant before condition broken, with a count in trover for the Robie horse and a dump-cart. Writ dated July 13, 1886. April 20, 1886, the plaintiff executed and delivered to the defendant a mortgage of a gray horse, a black horse, and other chattels to secure the payment of his promissory note of that date for $336, payable to the defendant or order six months from date with interest annually. It was recorded April 22. May 18, 1886, the plaintiff, without the defendant’s consent or knowledge, exchanged with Robie the black horse…
1Opinion of the CourtSmith, J.
When the mortgage, as originally executed and recorded, was changed by the insertion of words descriptive of the Robie horse and cart, it became a new mortgage as to those chattels (if not as to all the chattels), and valid between the parties, although no new affidavit was made and subscribed upon or appended to the mortgage and recorded therewith. G. L., c. 137, ss. 6, 10; Gooding v. Riley, 50 N. H. 400; Clark v. Tarbell, 57 N. H. 328. How the rights of the mortgagor’s creditors were affected by the change there is no occasion to inquire.
The defendant had the legal right to take the…
2Cases cited1 opinion
- Clark v. TarbellSupreme Court of New Hampshire · 1876
3Cited by1 opinion
- McMurphy v. AdamsSupreme Court of New Hampshire · 1893