Low v. Pettengill
Superior Court of New Hampshire
Trespass, for taking and converting to the defendant’s use sundry goods, consisting of broadcloths, carpetings, flannels, &c., part of the stock of an English goods store. The property in question was attached on the 10th of April, 1840, by the defendant, as deputy sheriff, upon a writ in favor of Charles Arnold & Co., and another writ in favor of S. P. Smith, against John A. Low.
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Trespass, for taking and converting to the defendant’s use sundry goods, consisting of broadcloths, carpetings, flannels, &c., part of the stock of an English goods store. The property in question was attached on the 10th of April, 1840, by the defendant, as deputy sheriff, upon a writ in favor of Charles Arnold & Co., and another writ in favor of S. P. Smith, against John A. Low. The writs were returnable to this court, September term, 1840. It appeared in evidence that on the 7th of March, 1840, John A. Low made to the plaintiffs a deed of mortgage of his stock in trade, described in a…
1Opinion of the CourtUpham, J.
By the statute of June 22, 1832, it is provided, that no mortgage of personal property shall be valid, except against the parties to the same, unless possession of the mortgaged property be delivered to the mortgagee and retained by him, or it is recorded in the office of the clerk of the town where the mortgager resides.
Subject to this provision is the exception, which has been long established, of actual notice, which supersedes the necessity of a record.
There is no pretence here of actual notice of the mortgage by the attaching creditor. The only question is, whether he has had notice by…
2Cases cited4 opinions
- Welles v. BattelleMassachusetts Supreme Judicial Court · 1814
- Gibson v. BaileySuperior Court of New Hampshire · 1838
- Proprietors of Cardigan v. PageSuperior Court of New Hampshire · 1833
- Bishop v. ConeSuperior Court of New Hampshire · 1826
3Cited by2 opinions
- Harris v. School District No. 10Superior Court of New Hampshire · 1853
- Town v. GriffithSuperior Court of New Hampshire · 1845