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69 N.H. 427

44 A 432

Davis v. Osgood

Supreme Court of New Hampshire

Decided December 5, 1898

Supreme Court of New Hampshire · decided 1898-12-05

Trover. Pacts found by the court. The plaintiff, at Ells-worth, Maine, sold and delivered to one Bicker, of Conway, in this county, three carriages, and in part payment therefor received from him time notes in which it was agreed that the carriages were to remain the plaintiff’s property until the notes and. interest thereon were paid. , The notes and the agreement were recorded in Conway, but were not recorded in Ellsworth.

Relies on Cleveland MacHine Works v. Lang

Good law ✅— No negative treatment on recordhow we know

Decided 1898-12-05

How this case has been cited

Cited by 5 later decisions — most recently May 1939

2 federal appellate · 3 state decisions

3018981900191019201930decided

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.

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Pike, J.

¶1 The contract between the plaintiff and Ricker was a conditional sale of chattels in Maine, and its validity is to be tested by the laws of that state. Cleveland Machine Works v. Lang, 67 N. H. 348, 363, and cases there cited. Since the con-ditional vendee resided in New Hampshire, the sale to be valid against “ any other person than the parties thereto ” required that the notes and agreement be recorded in Ellsworth, where the property was when the notes and agreement were executed. The neglect to have them so recorded was fatal to the plaintiff’s •claim. The provisions of our statute respecting the records of such sales (P. S., c. 140, s. 23) apply only to sales that are made within the state. They have no extra-territorial force. Cleveland Machine Works v. Lang, supra; Dorntee Casket Co. v. Gunnison, ante, p. 297.

¶2 Judgment for the defendant.

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