Colby v. Cressy
Superior Court of New Hampshire
TROVER for a mare, saddle, and bridle. The cause was tried here at February term, 1830, and a verdict taken for the defendant, subject to the opinion of the court upon the following case. ¾ August, 1826, the mare, saddle and bridle,being the property of George Ogilvie, were, with sundry other articles, attached by his creditors.
Read the full summary
TROVER for a mare, saddle, and bridle. The cause was tried here at February term, 1830, and a verdict taken for the defendant, subject to the opinion of the court upon the following case. ¾ August, 1826, the mare, saddle and bridle,being the property of George Ogilvie, were, with sundry other articles, attached by his creditors. Soon after this, the plaintiffs, being also creditors of the said Ogilvie, assumed the debts due to the attaching creditors, and thereupon Ogilvie delivered to them, the property which had been attached, under a verbal agreement that they should dispose of it, and…
1Opinion of the Court
By the court.
We see no ground on which this action can be sustained. The plaintiffs were never the owners of the goods. They once had possession, and an authority to sell and apply the proceeds to certain purposes. But it does not appear, that they ever exercised that authority.
The contract between them and Ogilvie, under which the goods were delivered to them, did not amount to a mortgage. 2 Vesey, jun. 378 ; 5 Johns. 258, Barrow v. Paxton; 5 Pick. 59, Ward v. Sumner.
Had the plaintiffs retained the possession, they might *239perhaps have held tb e goods asa pledge. 2 Pick. 607 ; 2 Caine’s Cases,…
2Cases cited2 opinions
- Barrow v. PaxtonNew York Supreme Court · 1810
- Storm v. WoodsNew York Supreme Court · 1814