Leach v. Kimball
Supreme Court of New Hampshire
Trespass, for taking, &c., one yoke of oxen, three cows, and one pair of two years old steers. Plea, the general issue. The plaintiff’s evidence tended to prove that the oxen, cows and steers were taken and disposed of by the defendant.
Read the full summary
Trespass, for taking, &c., one yoke of oxen, three cows, and one pair of two years old steers. Plea, the general issue. The plaintiff’s evidence tended to prove that the oxen, cows and steers were taken and disposed of by the defendant. To show his title to the oxen, the plaintiff introduced a mortgage of the same, made when they were calves, by Nathaniel H. Leach to Samuel Emerson, dated October 21, 1847, and an assignment to himself in December, 1848, and another mortgage of the same from the said Nath. H. Leach to E. S. Flanders, dated December 15,1848, subject to the first mortgage, and…
1Opinion of the CourtBell, J.
By a mortgage of personal property the whole legal title — the general property — passes conditionally to the mortgagee. Story on Bail. 287; Bank v. Jones, 4 Comst. 497; Stewart v. Hanson, 5 Red. 506.
The mortgager has a right to redeem the property by pay-*571meat, or the performance of the eondition, but he has no special property in the goods mortgaged, and has no right to interfere with or control the property, until the condition is performed.
A pledge, though, like a mortgage a security for a debt, is a mere bailment — a delivery of articles, to be kept till the debt is paid, and it passes to…
2Cases cited10 opinions
- Hart v. EyckNew York Court of Chancery · 1816
- Langdon v. BuelNew York Supreme Court · 1832
- Patchin v. PierceNew York Supreme Court · 1834
- Russell v. ButterfieldNew York Supreme Court · 1839
- Otis v. WoodNew York Supreme Court · 1830
5 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Sargent v. UsherSupreme Court of New Hampshire · 1875