Sinclair v. Wheeler
Supreme Court of New Hampshire
Replevin. Plea, the general issue. Facts found by a referee. Knapp & Son took a lease from one Evans, of the Wilson House ■in Berlin, and the plaintiff guaranteed the payment of the rent. ■The plaintiff, at the request of Knapp & Son, also purchased the furniture and other personal property in the house, and July 3, 1889, delivered it to them, with the understanding that when they paid six promissory notes of that daté for $500 each, given for the money ($2,600) which he had…
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Replevin. Plea, the general issue. Facts found by a referee. Knapp & Son took a lease from one Evans, of the Wilson House ■in Berlin, and the plaintiff guaranteed the payment of the rent. ■The plaintiff, at the request of Knapp & Son, also purchased the furniture and other personal property in the house, and July 3, 1889, delivered it to them, with the understanding that when they paid six promissory notes of that daté for $500 each, given for the money ($2,600) which he had paid for the property and $400 which he loaned them, and also paid the rent which he had guaranteed, he would give them…
1Opinion of the CourtPike, J.
The defendants, in argument, make no claim that the plaintiff waived his right to reclaim the property by attaching it, and therefore this question is not considered.
As against the insolvent and his assignee, the plaintiff’s title was valid although no memorandum, affidavit, or record was made, as required by the statute. Adams v. Lee, 64 N. H. 421. As against the defendant Cross, who was a subsequent purchaser without notice, the plaintiff’s title to the property, other than “ household goods,” was subject to the Cross mortgage. P. S., c. 140, s. 23. It appeared that the Knapps had made…
2Cases cited3 opinions
- Morse v. WhitcherSupreme Court of New Hampshire · 1888
- Adams v. LeeSupreme Court of New Hampshire · 1887
- Carter v. PiperSupreme Court of New Hampshire · 1876