Weeks v. Fowler
Supreme Court of New Hampshire
Trover, for store fixtures. The defendant is trustee in bankruptcy of the estate of John P. Clay & Son. Trial at the Maxell term, .1902, of the superior court, before Young, J. Tbe plaintiff bought the fixtures of the Clays, March 15, 1900, and gave them credit for the price upon an existing debt. Tbe Clays were to have tlie possession and use of the fixtures until the plaintiff was ready to take them away.
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Trover, for store fixtures. The defendant is trustee in bankruptcy of the estate of John P. Clay & Son. Trial at the Maxell term, .1902, of the superior court, before Young, J. Tbe plaintiff bought the fixtures of the Clays, March 15, 1900, and gave them credit for the price upon an existing debt. Tbe Clays were to have tlie possession and use of the fixtures until the plaintiff was ready to take them away. About August 18, 1900, the plaintiff discovered that the Clays were insolvent; and on that day he and two other creditors, in good faith, purchased the Clays’ .stock in trade, consisting…
1Opinion of the CourtChase, J.
This action, being trover, is within the jurisdiction of the state courts. Truda v. Osgood, ante, p. 185.
The principal question raised by the excepción is, whether the sale of the fixtures to tlie plaintiff was valid as against Clay & Son’s attaching creditors. By the agreement of sale, Clay & Son were to have the possession, and use of the fixtures until the plaintiff gm ready to take them away; and Clay & Son in fact had such possession and use for a period oí more than five months subsequent to the date of the sale. No explanation of these facts was given. II nothing further appeared…
2Cases cited3 opinions
- Kendall v. SamsonSupreme Court of Vermont · 1840
- Gilbert v. DeckerSupreme Court of Connecticut · 1885
- Ward v. CampSupreme Court of Vermont · 1893
3Cited by3 opinions
- Western Mining Supply Co. v. QuinnMontana Supreme Court · 1909
- Wasil v. GulaSupreme Court of New Jersey · 1933
- Webster v. StearnsSupreme Court of New Hampshire · 1910