22 A. 535 | N.H. | 1890
By the terms of the agreement upon which the piano was delivered by the plaintiff to Pinkham, the transaction was a conditional sale of the piano, within the meaning of c. 30, Laws of 1885, requiring a public record of such sales to protect the vendor against the vendee's creditors. Gerrish v. Clark
The provision in the statute requiring the oath of the party to the good faith of the transaction, can have no application to a case of this kind, which is taken from the operation of the statute by knowledge of the attaching creditor.
The decision of this point in favor of the plaintiff makes it unnecessary to consider the question whether the piano is "household goods" within the meaning of that phrase as used in c. 69, Laws of 1889.
Exceptions overruled.
CLARK, J., did not sit: the others concurred. *194