Citation Numbers: 58 N.H. 309
Judges: ALLEN, J.
Filed Date: 6/5/1878
Status: Precedential
Modified Date: 1/12/2023
The possession of the goods by the plaintiffs was on a distinct agreement with the mortgagors that they should be held until the plaintiffs' claim was paid. There was no element of actual fraud in the transaction; and the finding of the jury, that the change of possession was open and visible, rebutted the presumption of constructive fraud. Had the plaintiffs taken possession of the goods merely under and by virtue of their mortgage, the doctrine of Janvrin v. Fogg,
Judgment on the verdict.
STANLEY, J., did not sit. *Page 310