Supreme Court of New Hampshire MerrimackJun 1, 1882
62 N.H. 3 (N.H. 1882)

Decided June, 1882.

Personal property in the possession of a bailee, under an agreement that it shall be 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 be paid for them. Without paying for them, Pomfret 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.

E. B. S. Sanborn, for the defendant

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.