Sumner v. Blakslee
Supreme Court of New Hampshire
Replevin, for three pictures, a piano, and a billiard-table. In a mortgage made to the plaintiff, October 20, 1872, the chattels in question were included with other things by name, under the description of “ all and singular the furniture in and belonging to the Sumner house, consisting of,” &c., &c.
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Replevin, for three pictures, a piano, and a billiard-table. In a mortgage made to the plaintiff, October 20, 1872, the chattels in question were included with other things by name, under the description of “ all and singular the furniture in and belonging to the Sumner house, consisting of,” &c., &c. Another personal mortgage was made by the same mortgageor to the town of Dalton, January 2, 1873, of “ all the furniture situated in the Sumner house, so-called, in said Dalton, consisting of beds, bedsteads, and bedding, stands, tables, bureaus, mirrors, carpets, chandeliers, lamps and…
1Opinion of the CourtAllen, J.
The rule ejusdem generis, which, in the construction of written instruments, ordinarily limits the meaning of general words to things of the same class as those enumerated under them, is not conclusive. The addition, after the enumerated list in the mortgage, of the phrase “ meaning and intending hereby to convey all the furniture now in and belonging to said Sumner house, of whatever name and character, and wheresoever situated in said house,” shows that the mortgageor intended to give the largest meaning to the word “ furniture,” and to include under it all such articles as were in the…
2Cited by2 opinions
- Hodgdon v. LibbySupreme Court of New Hampshire · 1896
- Benton v. BentonSupreme Court of New Hampshire · 1884