Lamb v. King
Supreme Court of New Hampshire
Replevin, for a piano. Trial before Peaslee, J., at the October term, 1904, of the superior court, and verdict for the defendant. The piano was sold conditionally by the plaintiff to one Brown, by a contract made in this state and not recorded. The defendant justified under an attachment by creditors of the vendee.
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Replevin, for a piano. Trial before Peaslee, J., at the October term, 1904, of the superior court, and verdict for the defendant. The piano was sold conditionally by the plaintiff to one Brown, by a contract made in this state and not recorded. The defendant justified under an attachment by creditors of the vendee. The plaintiff excepted to the verdict, upon the ground that the piano belonged to the class of property excepted from the statutory provision requiring a record of the memoranda of conditional sales.
1Opinion of the CourtChase, J.
By section 23, chapter 140, Public Statutes, “ no lien reserved on personal property sold conditionally and passing-into the hands of the conditional purchaser, except a lien upon household goods created by a lease thereof, containing an option in favor of the lessee to purchase the same at a time specified, shall be valid against attaching creditors, or subsequent purchasers, without notice, unless the vendor of such property takes a written memorandum, signed by the purchaser, witnessing the lien, the sum due thereon, and containing an affidavit as provided in the following section, and…
2Cases cited6 opinions
- Alsup & Thompson v. JordanTexas Supreme Court · 1887
- Richardson v. HallMassachusetts Supreme Judicial Court · 1878
- Bunn v. WinthropNew York Court of Chancery · 1815
- Chase v. StockettCourt of Appeals of Maryland · 1890
- Dunlap v. EdgertonSupreme Court of Vermont · 1858
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- J. E. Lothrop Piano Co. v. HaddockSupreme Court of New Hampshire · 1923
- Wood Piano Co. v. HuckinsSupreme Court of New Hampshire · 1910