Weeks v. Pike
Supreme Court of New Hampshire
Trover, for a car-load of lumber. The plaintiff, a manufacturer of lumber at Canaan, through an agent at Manchester, sold a carload of boards to Foster, to be forwarded to Raymond, the property to remain the plaintiff’s until paid for. The plaintiff! loaded and sent forward the boards consigned by way-bill to Foster at Raymond.
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Trover, for a car-load of lumber. The plaintiff, a manufacturer of lumber at Canaan, through an agent at Manchester, sold a carload of boards to Foster, to be forwarded to Raymond, the property to remain the plaintiff’s until paid for. The plaintiff! loaded and sent forward the boards consigned by way-bill to Foster at Raymond. Foster, obtaining information of the time when the car passed through Manchester, procured the destination in the waybill to be changed from Raymond to Epping. The boards were Carried to Epping, and on the day of their arrival sold by Foster to the defendant, who paid…
1Opinion of the Court
Allen, j!
A sale and delivery of. chattels, on condition that the title to the property is not to pass from the vendor until the purchase-money is paid or secured, does not vest the title in the vendee; and the vendor, in case the condition is not fulfilled, may repossess himself of his goods, or maintain trover for them against the vendee, his attaching creditors, or subsequent purchasers. Sargent v. Gile, 8 N. H. 325; Porter v. Pettengill, 12 N. H. 299; Kimball v. Jackman, 42 N. H. 242; McFarland v. Farmer, 42 N. H. 386; Fisk v. Ewen, 46 N. H. 173; Marston v. Baldwin, 17 Mass. 606; Barrett…
2Cases cited2 opinions
- Clark v. WellsSupreme Court of Vermont · 1872
- Zuchtmann v. RobertsMassachusetts Supreme Judicial Court · 1871
3Cited by2 opinions
- Michelson v. CollinsSupreme Court of New Hampshire · 1904
- Stone v. SleeperSupreme Court of New Hampshire · 1882