Legal Opinion

Hartford v. Jackson

Superior Court of New Hampshire

Decided December 15, 1840PublishedCited by 1 opinion

Assumpsit, for the use of a boat, or schooner, let to the defendant by the plaintiff for the term of five months from the - 20th of June, 1838, at $13 per month, payable at the expiration of each month from that date. The rent falling due for the boat on the 20th of July, and August, was duly paid, and this suit was brought to recover the rent due for the month ending the 20th of September. The defendant plead the general issue.

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Assumpsit, for the use of a boat, or schooner, let to the defendant by the plaintiff for the term of five months from the - 20th of June, 1838, at $13 per month, payable at the expiration of each month from that date. The rent falling due for the boat on the 20th of July, and August, was duly paid, and this suit was brought to recover the rent due for the month ending the 20th of September. The defendant plead the general issue. It was conceded that the rent falling due in September was unpaid ; but the defendant contended that no liability for such rent existed against him, for the reason…

1Opinion of the CourtUpham, J.

It is perfectly clear that an attaching creditor can take no greater interest by his attachment, and exercise no greater rights over property taken, than the debtor himself could. If we can determine, then, the precise rights of the bailor in the case before us, and the extent to which he might go in asserting any claim over the boat or schooner bailed, we shall fix the limits and powers of an attaching creditor over the same property.

It is well settled that the bailee has the exclusive right to property during the time of bailment, while exercising this right according to the terms and…

2Cases cited1 opinion

  1. Chesley v. ClairSuperior Court of New Hampshire · 1818

3Cited by1 opinion

  1. Corning v. RecordsSupreme Court of New Hampshire · 1898

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