Sargent v. Usher
Supreme Court of New Hampshire
Trovek for two horses. Writ dated March 81,1874. Plea, the general issue. Trial before Rand, J., September term, 1874. The horses were taken at the plaintiff’s barn, in Nashua, March 25, 1874, by the defendant, under two mortgages given by George E. Robinson, one to the defendant, October 27,1878, duly recorded October 28, 1878, the other to one Charles W. Glidden, dated November 27,1873, recorded.
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Trovek for two horses. Writ dated March 81,1874. Plea, the general issue. Trial before Rand, J., September term, 1874. The horses were taken at the plaintiff’s barn, in Nashua, March 25, 1874, by the defendant, under two mortgages given by George E. Robinson, one to the defendant, October 27,1878, duly recorded October 28, 1878, the other to one Charles W. Glidden, dated November 27,1873, recorded. November 28,1873, and duly assigned to the defendant, January 23, 1874. The parties to these mortgages, and the horses, were all of Malden, Massachusetts, at the time of the execution of said…
1Concurrence
It does not appear from the case that any question is made about the validity of the defendant's mortgages, or of his general right to the possession of the property; and, in the absence of any intimation to the contrary, I shall assume that not only the legal right of property, but, as against Robinson, the right of immediate possession, was in the defendant, so that two questions arise in the case. 1. Had any lien been created as between the plaintiff and Robinson, and to what extent? 2. If so, was the defendant bound by it?
It appears from the case that Robinson employed the plaintiff to…
2Cases cited2 opinions
- Gilson v. GwinnMassachusetts Supreme Judicial Court · 1871
- Jacobs v. KnappSupreme Court of New Hampshire · 1870