Coös, Trover, for a stock of goods. Facts found by a referee. The defendant is assignee of J. A. Hodgdon, who was decreed an insolvent in September, 1895. The plaintiffs claim the goods under mortgages dated February 1, 1895, and April 6, 1895, both of which were duly recorded. October 28, 1895, the defendant took possession of the property and has held it ever since, claiming it as assignee.
Good law ✅— No negative treatment on recordhow we know
Decided 1896-12-05
How this case has been cited
Cited by 13 later decisions — most recently February 1958
1 federal appellate · 4 district · 6 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
¶3
The claim of the defendant based upon the doctrine of
Putnam
v.
Osgood,
51 N. H. 192, and kindred cases, has been disposed of by the decision in
Thompson
v.
Esty, ante, p.
55.
¶4
The plaintiffs, although entitled to judgment as against the assignee for the value of the mortgaged goods in his hands, cannot hold the goods upon the facts stated as against attaching creditors without notice.
Putnam
v.
Osgood,
51 N. H. 192;
Wilson
v.
Sullivan,
58 N. H. 260, 263. If at the trial term it appears that there are such creditors, they may, upon proof of their claims, have judgment for the amounts thereof to the extent of the value of the goods under attachment by them. In that event the plaintiffs will be entitled to judgment for the value of the mortgaged goods, if any, remaining after satisfying the claims of such attaching creditors.
