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69 N.H. 201

41 A 173

Rowell v. Claggett

Supreme Court of New Hampshire

Decided June 5, 1897

Supreme Court of New Hampshire · decided 1897-06-05

Trover, for a horse, carriage, sleigh, and harness. Facts found by the court. The property was owned by one Sherwood, but was entrusted to the care of his wife’s son Perley. Sherwood was a debtor of his wife and of the plaintiff.

Relies on Walcott v. Keith · Colby v. Cressy · Brown v. Wiggin

Decided 1897-06-05

Pike, J.

¶1 The agreement between Sherwood and the plaintiff did not constitute a sale of the property. It was a mere executory agreement for a pledge with authority to sell. As the plaintiff failed to obtain possession of the property, the pledge was not completed, and the transaction had no effect as against the defendant’s attachment. Colby v. Cressey, 5 N. H. 237; Brown v. Wiggin, 16 N. H. 312; Wolcott v. Keith, 22 N. H. 196, 209.

¶2 Exception overruled.

Blodgett, J., did not sit: the others concurred.
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