Partridge v. Philbrick
Supreme Court of New Hampshire
Repukvin, for a horse. Facts found by a referee. In October, 1878, the plaintiffs sold to one Alden the horse replevied for $100, to be paid in one year in monthly instalments of $8, the horse to be in Alden’s possession, but to remain the property of the plaintiffs till paid for. If not fully paid for at the end of the year, Alden was to forfeit whatever he had paid, and tbe horse was. to be returned to the plaintiffs.
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Repukvin, for a horse. Facts found by a referee. In October, 1878, the plaintiffs sold to one Alden the horse replevied for $100, to be paid in one year in monthly instalments of $8, the horse to be in Alden’s possession, but to remain the property of the plaintiffs till paid for. If not fully paid for at the end of the year, Alden was to forfeit whatever he had paid, and tbe horse was. to be returned to the plaintiffs. Near the end of April, 1879, Alden sold the horse to the defendant. He had then paid $76.70 towards the price, — $20.70 more than had then become due. The plaintiffs demanded…
1Opinion of the CourtSmith, J.
Alden did not become a purchaser of the horse, because the parties stipulated that he should not be until the price should be paid. The property had not passed to him at the time of the attempted sale to the defendant, because the full price had .not been paid. Alden was only a bailee for hire, with the right to purchase if he paid the price within the year. The contract which gave him the right to purchase, gave him no right to sell. By selling what he did not own, he lost his right to the possession and thereby terminated the bailment.
But he had an assignable interest in the horse, a right…
2Cases cited1 opinion
- King v. BatesSupreme Court of New Hampshire · 1876
3Cited by2 opinions
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