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Stone v. Sleeper, 62 N.H. 3 (1882) - Opinion

June 1, 1882 - Opinion

Unanimous

Stone v. Sleeper.

Personal property in the possession of a bailee, under an agreement that it shall he his when paid for, does not become his in violation of the agreement.

Trover. Facts found by a referee. The plaintiff’s goods were in the possession of Pomfret, under an agreement that they should be his when he paid for them. Without paying for them, Pom-fret absconded, and gave a bill of sale of all his “ claim, right, and title to ” them to Carpenter, one of his creditors, who had notice of the plaintiff’s claim. Carpenter sold the goods to the defendant.

Pike $ Parsons, for the plaintiff.

B. B. S. Sanborn, for the defendant

Doe, C. J.

The plaintiff is entitled to judgment. Holt v. Holt, 58 N. H. 276; Weeks v. Pike, 60 N. H. 447; Luther v. Cote, 61 N. H. 129; Gould v. Blodgett, 61 N. H. 115.

Case discharged.

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

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June 1, 1882 Stone v. Sleeper Current page Opinion Supreme Court Reporter