Robinson v. Hill
Superior Court of New Hampshire
Trover, for a wagon, attached by the defendant, a deputy sheriff, as the property of one Sargeant, and sold by him at auction in the year 1841, on an execution in favor of Holmes and Homer, of Boston. On the 9th day of January, 1840, the plaintiffs took from Sargeant a mortgage, duly executed and recorded, of certain personal property, including the wagon.
Read the full summary
Trover, for a wagon, attached by the defendant, a deputy sheriff, as the property of one Sargeant, and sold by him at auction in the year 1841, on an execution in favor of Holmes and Homer, of Boston. On the 9th day of January, 1840, the plaintiffs took from Sargeant a mortgage, duly executed and recorded, of certain personal property, including the wagon. The condition of the mortgage was as follows : “ Provided, that if I, my executors, administrators and assigns, shall save harmless and indemnify the said Robinson and others from all costs, trouble and expense which they may he put to in…
1Opinion of the CourtGilchrist, J.
The plaintiffs being bound to indemnify Fletcher from all costs, trouble and damage he might be put to, &c., received the mortgage in question of the defendant, conditioned to indemnify them from all costs, trouble and expense they might be put to in consequence of having signed the bond to Fletcher. The horse was mortgaged to secure the performance of the condition, and the plaintiffs having been damnified, took him into their possession, but in doing this incurred trouble and expense. In consequence of having signed the bond to Fletcher, they were compelled to resort to the mortgaged…
2Cases cited3 opinions
- Kip v. BrighamNew York Supreme Court · 1810
- Loomis v. BedelSuperior Court of New Hampshire · 1840
- French v. ParishSuperior Court of New Hampshire · 1843