Bryant v. Osgood
Supreme Court of New Hampshire
Trover, by John S. Bryant against Joseph D. Osgood, for twenty tons of hay. The action was tried by the court. In 'March, 1867, the plaintiff conveyed to Martha J. Smith, wife of one Elijah L. Smith, a farm in Warren, taking notes for the price of the same, and taking back a mortgage thereof to secure said notes. The mortgage was given to secure the purchase money for the same, and for the personal property .thereon.
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Trover, by John S. Bryant against Joseph D. Osgood, for twenty tons of hay. The action was tried by the court. In 'March, 1867, the plaintiff conveyed to Martha J. Smith, wife of one Elijah L. Smith, a farm in Warren, taking notes for the price of the same, and taking back a mortgage thereof to secure said notes. The mortgage was given to secure the purchase money for the same, and for the personal property .thereon. Upon the same day said Bryant took a mortgage from said Martha J. Smith of certain personal property, being stock, farming tools, and sugaring utensils, “ the same we this day…
1Opinion of the CourtFoster, J.
At common law, the doings of an officer in respect to personal property cannot amount to a valid attachment, unless the articles are taken into his actual custody, or are placed under his exclusive control. Odiorne v. Colley, 2 N. H. 68. The articles must be within the power of the officer. He must continue to retain this power over them by remaining present himself, by appointing an agent in his absence, by taking a receiptor for the property, by inventorying and marking them, or by a seasonable removal of them. Huntington v. Blaisdell, 2 N. H. 317; Runlett v. Bell, 5 N. H. 433; Chadbourne…
2Cases cited5 opinions
- Kennedy v. CommonwealthCourt of Appeals of Kentucky · 1859
- Pierce v. StricklandU.S. Circuit Court for the District of Maine · 1842
- Haynes v. SmallSupreme Judicial Court of Maine · 1842
- Weston v. DorrSupreme Judicial Court of Maine · 1845
- Hathaway v. LarrabeeSupreme Judicial Court of Maine · 1847
3Cited by3 opinions
- Moore v. KidderSupreme Court of New Hampshire · 1875
- Moore v. KidderSupreme Court of New Hampshire · 1875
- Moore v. KidderSupreme Court of New Hampshire · 1875