Bank v. Raymond
Supreme Court of New Hampshire
From Rockingham Circuit Court. Assumpsit, for goods sold and delivered, and an account annexed to the writ for hay, and interest.
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From Rockingham Circuit Court. Assumpsit, for goods sold and delivered, and an account annexed to the writ for hay, and interest. The cause was sent to a referee, who reported as due the plaintiffs $246.55, and the following facts: “ The hay, to recover the price of which this suit is brought, was the property of Parna Towle and J. Warren Towle, jointly; before its sale it was mortgaged by them to the plaintiffs ; it was sold by J. Warren Towle to the defendant’s agent, with the verbal authority on the part of the plaintiffs for him to find a purchaser for it. Towle had no written authority…
1Concurrence
The provisions of the Gen. Stats., ch. 123, secs. 19-21, were made for the benefit of the mortgagor, and may be waived by him. A sale of the chattels, mortgaged by the mortgagee, with the assent of the mortgagor, is just as effectual as a sale under the statute, with the formalities prescribed by law. Patrick v. Meserve, 18 N.H. 300.
It is not to be presumed that Towle was empowered to negotiate a sale, unless his efforts could be made available. For what purpose was he to find a purchaser, unless it was that when he had found one, at such price as was satisfactory to him and the mortgagees,…
2Cases cited2 opinions
- Chandler v. CoeSupreme Court of New Hampshire · 1874
- Patrick v. MeserveSuperior Court of New Hampshire · 1846