Moseley v. Jenness
Supreme Court of New Hampshire
Trover, for two horses and other property. Facts agreed. December 15, 1890, one Silver owned the property, and mortgaged it to the plaintiffs to secure the payment of his promissory notes for a greater amount than the value of the property, and given for merchandise before that time sold and delivered to him by the plaintiffs. The mortgage was recorded the same day. The notes have not been paid.
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Trover, for two horses and other property. Facts agreed. December 15, 1890, one Silver owned the property, and mortgaged it to the plaintiffs to secure the payment of his promissory notes for a greater amount than the value of the property, and given for merchandise before that time sold and delivered to him by the plaintiffs. The mortgage was recorded the same day. The notes have not been paid. The defendant, a deputy sheriff, attached the property January 30, 1891, on writs in favor of certain creditors of Silver, and has held possession ever since. February 21, 1891, Prescott filed his…
1Opinion of the CourtCarpenter, J.
“Whenever an assignment to the judge of probate is made, as provided by section 1 of this act, . . . all payments, pledges, mortgages, conveyances, sales, and transfers made within three months next before said assignment . •shall be void . . .” Laws 1885, c. 85, s. 9. Whether this provision applies in the case of involuntary proceedings under section 7, and if it does whether the appointment of a messenger is an assignment within the meaning of section 9, are questions not necessary to be determined. The statute does, not provide that the orders of the' judge, appointing a messenger or…
2Cited by1 opinion
- Bank Commissioners v. New Hampshire Trust Co.Supreme Court of New Hampshire · 1899