Putnam v. Osgood
Supreme Court of New Hampshire
Replevin, by Alonzo W. Putnam against Joseph D. Osgood, for a stock of goods in a general assortment store; also, for a horse, carriages, sleighs, and a lot of wood.
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Replevin, by Alonzo W. Putnam against Joseph D. Osgood, for a stock of goods in a general assortment store; also, for a horse, carriages, sleighs, and a lot of wood. Writ dated March 30, 1867; date of service, April 19, 1867. The plaintiff’s title was a mortgage dated -February 8,1867, of the goods in the store at that date, and of the other articles, from one Parker M. Child, given to the said plaintiff to secure a note of the same date for $3,700, from Child to Putnam; also, to secure a liability for said Child, incurred by Putnam, by signing, another note for $2,000, to George Leslie or…
1Opinion of the CourtBellows, C. J.
The first question is as to the admissibility of the statements of Parker M. Child, as testified to by J. B. Child.
When Parker M. Child made these statements he was in the possession of the wool of which he spoke, and what he said was in disparagement of his own title, and went to show that the wool was purchased by him for the plaintiff, and belonged to him. The possession of the wool was prima fade evidence of title in Child, and his declarations that he held it in subordination to the plaintiff was against his interest; and upon that ground such declarations have been held to be…
2Cases cited5 opinions
- Morris v. SmithTennessee Supreme Court · 1849
- Robb v. Maysville & Mt. Sterling Turnpike Road Co.Court of Appeals of Kentucky · 1860
- The United States v. R. T. Hooe and OthersSupreme Court of the United States · 1803
- Fuller v. HapgoodSupreme Court of Vermont · 1867
- Dodge v. Union Marine InsuranceMassachusetts Supreme Judicial Court · 1821
3Cited by3 opinions
- Manchester Nat. Bank v. Roche, TrusteeCourt of Appeals for the First Circuit · 1951
- United States v. Boston & Berlin Transportation Co.District Court, D. New Hampshire · 1964
- In re FreamanDistrict Court, D. New Hampshire · 1949