Pickett v. Bullock
Supreme Court of New Hampshire
Trover, by Horatio G. Pickett against Wm. B. Bullock for a cow. About April, 1870, one Eliza Norcross, being the owner of the cow, sold it to the plaintiff at the price of $40, upon the express condition that the.animal was to remain her property till paid for.
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Trover, by Horatio G. Pickett against Wm. B. Bullock for a cow. About April, 1870, one Eliza Norcross, being the owner of the cow, sold it to the plaintiff at the price of $40, upon the express condition that the.animal was to remain her property till paid for. On April 8, 1871, the cow not having been paid for in full, Charles W. Scott, and Nelson Norcross, a brother of Eliza, acting as her servants or agents in the matter, took the cow from the plaintiff’s possession and left it over one night in a barn owned by the defendant’s mother, and whether this was done with or without the consent…
1Opinion of the CourtSargent, C. J.
The right of lien is to be deemed to be waived when the party enters into a special agreement inconsistent with the existence of the lien, or from which a waiver of it may be fairly inferred. Possession is not only essential to the creation, but also to the continuance of a lien ; and when the party voluntarily parts with the possession of the property upon which the lien has attachéd, he is devested of the lien. 2 Kent’s Com. 638, 639.
The question in this case is, Could the court hold as matter of law, upon the facts stated, that the lien was waived, or should that question have been…
2Cited by1 opinion
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