Cushman v. Luther
Supreme Court of New Hampshire
Trover, by William E. Cushman against Sidney P. Luther, for a cow and a heifer. Pica, the general issue. It appeared that on July 30,1864, the plaintiff resided in Oxford, Me., and one Francis Wins-low resided in Upton, Me., and owned the cow and heifer; and on that day the plaintiff and Winslow executed the following bill of sale or mortgage: “ Oxford, July 30, 1864. William E. Cushman bought of Francis Winslow, — one cow, eight years old, $30; one two-years’old heifer, $30…
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Trover, by William E. Cushman against Sidney P. Luther, for a cow and a heifer. Pica, the general issue. It appeared that on July 30,1864, the plaintiff resided in Oxford, Me., and one Francis Wins-low resided in Upton, Me., and owned the cow and heifer; and on that day the plaintiff and Winslow executed the following bill of sale or mortgage: “ Oxford, July 30, 1864. William E. Cushman bought of Francis Winslow, — one cow, eight years old, $30; one two-years’old heifer, $30 [and other articles]. The condition of the above bill is such, that, when said Winslow pays two notes against me, the…
1Opinion of the CourtSargent, C. J.
We tliiuk the instructions were correct as to the signature of the town-clerk. We think the proof was sufficient upon either ground. Bowman v. Sanborn, 25 N. H. 87, 109, 110; Ferguson v. Clifford, 37 N. H. 95; 2 Whart. Am. Cr. Law, sec. 1463 ; 1 id., sec. 865; 1 Greenl. Ev., sec. 577.
The general rule, that the law of the place of the contract is to govern as to its nature, validity, construction, and effect, has always been recognized in this state, and must be applied to this mortgage. Stevens v. Morris, 30 N. H. 466; Smith v. Godfrey, 28 N. H. 379, and cases; Ferguson v. Clifford, 37 N. H.,…
2Cases cited7 opinions
- Jackson ex. dem. Merrit v. BowenNew York Supreme Court · 1827
- Hayes v. GoodwinCourt of Appeals of Kentucky · 1862
- Barrows v. TurnerSupreme Judicial Court of Maine · 1863
- Williams v. HiltonSupreme Judicial Court of Maine · 1853
- Sweetser v. LowellSupreme Judicial Court of Maine · 1851
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