Hervey v. Dimond
Supreme Court of New Hampshire
Replevin, of household furniture. Facts agreed. February 5, 1891, the plaintiffs delivered from their place of business in Boston, to one Fred D. Story at Penacook, a lot of household furniture, under a contract in writing in which it was stipulated that he had hired and received the same of the plaintiffs, and would pay them for the rent and use thereof the sum of five dollars per month until the price, $77.38, should be paid; that the plaintiffs were to remain absolute…
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Replevin, of household furniture. Facts agreed. February 5, 1891, the plaintiffs delivered from their place of business in Boston, to one Fred D. Story at Penacook, a lot of household furniture, under a contract in writing in which it was stipulated that he had hired and received the same of the plaintiffs, and would pay them for the rent and use thereof the sum of five dollars per month until the price, $77.38, should be paid; that the plaintiffs were to remain absolute owners of the property until the full price should be paid, when they were to “ release their claim and right in the goods…
1Opinion of the Court
Smith, .1.
The contract (called a lease) does not, in legal effect, differ' materially from a conditional sale. Although by the contract it was stipulated that the plaintiffs should remain absolute owners of the goods until the full price should be paid, it does not follow that Story had no interest in the property. He had the right to pay the balance due and become the owner of the property.’ Whiie the plaintiffs remained the general owners until the full price should be paid, Story’s interest was that of a special owner, which the law recognizes and protects. It was an assignable and…
2Cases cited1 opinion
- Partridge v. PhilbrickSupreme Court of New Hampshire · 1881
3Cited by6 opinions
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- E. L. Jones & Co. v. UnruhSuperior Court of Delaware · 1935
- Johnson v. Winn & Lovett Grocery Co.Supreme Court of Florida · 1936
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