Sanborn v. Putnam
Supreme Court of New Hampshire
Trover on a sheriff’s receipt. Defence, title in one of the defendants. The plaintiff attached the goods described in the receipt as the property of Ray, and the creditors obtaining judgment, executions were issued, and the goods demanded and refused. Ray had been a tailor and a dealer in clothing and furnishing goods, and the defendant Putnam, his sister, had worked for him in his shop.
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Trover on a sheriff’s receipt. Defence, title in one of the defendants. The plaintiff attached the goods described in the receipt as the property of Ray, and the creditors obtaining judgment, executions were issued, and the goods demanded and refused. Ray had been a tailor and a dealer in clothing and furnishing goods, and the defendant Putnam, his sister, had worked for him in his shop. Before the attachment Ray sold the goods and fixtures in the store to Putnam in payment of a debt due. Putnam took possession of the goods and control of the store, and for several days after the sale was…
1Opinion of the CourtAllen, J.
There was no evidence of an open, visible change of possession of the property; and in a sale of chattels, retention of possession by the vendor, unless satisfactorily explained, is conclusive evidence of a secret trust and of fraud which defeats the sale as against the vendor’s creditors. Lang v. Stockwell, 55 N. H. 561; Cutting v. Jackson, 56 N. H. 253; Plaisted v. Holmes, 58 N. H. 294; Sumner v. Dalton, 58 N. H. 295; Parker v. Marvell, 60 N. H. 30. In the evidence offered to explain the want of a change of possession, and excluded as affording no satisfactory explanation, there was nothing…
2Cited by1 opinion
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