Webster v. Stearns
Supreme Court of New Hampshire
Trover, for a stock of merchandise contained in a store. Trial by the court. Facts found, and case transferred from the April term, 1909, of the superior court, by Chamberlin, J. December 14, 1904, the plaintiff and one Jenney signed a contract which provided as follows: “ 1st. Said Webster agrees to place or cause to be placed in said Jenney’s place of business at said Enfield five hundred dollars’ ($500) worth of groceries and provisions. “ 2d.
Read the full summary
Trover, for a stock of merchandise contained in a store. Trial by the court. Facts found, and case transferred from the April term, 1909, of the superior court, by Chamberlin, J. December 14, 1904, the plaintiff and one Jenney signed a contract which provided as follows: “ 1st. Said Webster agrees to place or cause to be placed in said Jenney’s place of business at said Enfield five hundred dollars’ ($500) worth of groceries and provisions. “ 2d. Said groceries and provisions, or others of equal value, to be the property of said Webster at all times. “ 3d. Said Jenney to have the right to…
1Opinion of the CourtWalker, J.
If, as against Jenney’s creditors, the transaction between him and the plaintiff might be deemed a sale with a secret trust in favor of the plaintiff, while Jenney retained possession of the property, its fraudulent character was purged when the plaintiff asserted his right under the contract and took possession of the property which, as against Jenney, belonged to him. Weeks v. Fowler, 71 N. H. 518. By that act the contract was terminated, and at the time of the attachment Jenney had no possession of the goods upon which fraud could be predicated as a matter of law. Weeks v. Fowler, supra.…
2Cases cited2 opinions
- Truda v. OsgoodSupreme Court of New Hampshire · 1901
- Weeks v. FowlerSupreme Court of New Hampshire · 1902