Roberts v. Crawford
Supreme Court of New Hampshire
Roberts v. Crawford, 58 N.H. 499 (N.H. 1878)
Foster, Clark
Roberts v. Crawford
Opinion of the Court
There is no suggestion of fraud or want of consideration between the parties to the mortgage; and the defendant rests his case upon the ground of a defect in the mortgage arising solely from a want of strict compliance with the terms of the statute (Gen. St., c. 123, s. 9) concerning the affidavit. The law must be considered as settled in this state, that a mortgage of personal chattels, without the affidavit required by law, is valid against a subsequent purchaser with notice that the mortgage was made in good faith and for a full consideration. Patten v. Moore, 32 N. H. 382, 384; Gooding v. Riley, 50 N. H. 400, 404; Sanborn v. Robinson, 54 N. H. 239; Clark v. Tarbell, 57 N. H. 328.
Judgment on the verdict.
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