Holt v. Holt
Supreme Court of New Hampshire
Trover, for a watch. Facts found by a referee. The watch was the property of tfie plaintiff, and for the purpose of enabling one Ward, who was a cripple, in debt, and without means, to make a profit in trading watches, the plaintiff let Ward have the watch, and another, at prices agreed upon, on condition that they should remain the plaintiff’s till paid for. It also appeared, that if Ward sold the watches he was to pay the plaintiff for them promptly.
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Trover, for a watch. Facts found by a referee. The watch was the property of tfie plaintiff, and for the purpose of enabling one Ward, who was a cripple, in debt, and without means, to make a profit in trading watches, the plaintiff let Ward have the watch, and another, at prices agreed upon, on condition that they should remain the plaintiff’s till paid for. It also appeared, that if Ward sold the watches he was to pay the plaintiff for them promptly. The watch was attached by the defendant, a deputy sheriff, as the property of Ward. The court ordered judgment for the plaintiff on the…
1Opinion of the CourtBingham, J.
The law is well settled, that when property is sold
upon the condition that it is to remain the vendor’s till it is paid for, the title does not pass until the condition is performed. Neither can it be attached and sold as the property of the vendee, on his debts. McFarland v. Farmer, 42 N. H. 386.
Ward received the watch to sell. The effect of this was to give him the right to pass the title of the plaintiff by a sale. Two contingencies were created by the contract, upon which the title of the plaintiff was to pass. 1. When the watch was paid for. 2. When it was sold. Does the additional…
2Cited by2 opinions
- Luther v. CoteSupreme Court of New Hampshire · 1881
- Stone v. SleeperSupreme Court of New Hampshire · 1882