Fife v. Ford
Cases that cite this one
1 later published case cites this decision.
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Opinion of the Court
The plaintiff sold and delivered the organ to Brown conditionally, retaining a lien thereon in accordance with the statute. P. S., c. 140, ss. 23, 24, 26. At the time of the attachment Brown was the owner of the organ, subject to the plaintiff’s lien; and his interest therein, like the interest of the mortgagor of personal property, was attachable. Hervey v. Dimond, ante, p. 342. After the demand for an account of the amount due under the lien, and the plaintiff's neglect to furnish it within fifteen days, the defendant held the organ discharged from the plaintiff’s claim. P. S., c. 220, ss. 17, 18; Kimball v. Morrison, 40 N. H. 117. Whether the demand in such a case must be in writing is a question which it is unnecessary to consider, since, if a. *540 formal written demand is necessary, the plaintiff waived the observance of that requirement by failing to object to the oral demand, and promising to comply therewith.
Judgment for the defendant.
See foot-note on page 80.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.