Baribault v. Robertson & Bennett

Decision Date06 April 1926
Citation133 A. 21
PartiesBARIBAULT v. ROBERTSON & BENNETT.
CourtNew Hampshire Supreme Court

Transferred from Superior Court, Cheshire County; Burque, Judge.

Action by H. I. Baribault against Robertson & Bennett. Verdict for plaintiff. Case transferred on defendants' exceptions to denial of their motions for nonsuit and for verdict as matter of law. Exceptions overruled.

The plaintiff in Massachusetts sold an automobile to one Crawford, who gave notes for a portion of the purchase price secured by a conditional sale agreement in proper form. The law of Massachusetts does not require conditional sales to be recorded, and no record of this one was made either in that state or in New Hampshire. The agreement provided that the purchaser should give the seller at least 48 hours' notice before having any work done on the car or materials added to it and should also give to the person employed to make repairs a copy of the sale agreement. Crawford failed to pay his notes as agreed, and subsequently employed the defendants to make necessary repairs on the automobile. No notice of this employment was given to the plaintiff, and no copy of the sale agreement was given to the defendants. After the work was completed, he notified the plaintiff where the car was, and the plaintiff made a demand upon the defendants. The defendants refused to deliver it, claiming a mechanic's lien for repairs and materials furnished.

The defendants' exceptions to the denial of their motions for a nonsuit and for a verdict as a matter of law were transferred by Burque, J.

Arthur Olson, of Keene, for plaintiff.

Orville E. Cain, of Keene, for defendant.

BRANCH, J. The plaintiff's lien, being valid in Massachusetts where it was created, will he enforced in this state, although the conditional sale agreement was not recorded (Dorntee Casket Co. v. Gunnison, 45 A. 318, 69 N. H. 297; Goudie v. American Moore Peg Co., 122 A. 349, 81 N. H. 88), and, being prior in time, takes precedence over the defendant's lien (Sargent v. Usher, 55 N. H. 287, 20 Am. Rep. 208).

There is nothing in the language of the conditional sale agreement which would justify a contrary conclusion. Clearly, a covenant by the purchaser that he will give the seller 48 hours' notice before having any work done on the automobile involves no agreement on the part of the seller that, if repairs are made without such notice, his lien shall be subordinated to that of the repairman.

The defendants argue that ...

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9 cases
  • Jewett v. Keystone Driller Co.
    • United States
    • United States State Supreme Judicial Court of Massachusetts Supreme Court
    • April 3, 1933
    ...its laws. Langworthy v. Little, 12 Cush. 109;Cleveland Machine Works v. Lang, 67 N. H. 348, 31 A. 20,68 Am. St. Rep. 675;Baribault v. Robertson, 82 N. H. 297, 133 A. 21;Barrett v. Kelley, 66 Vt. 515, 29 A. 809,44 Am. St. Rep. 862;Goetschius v. Brightman, 245 N. Y. 186, 156 N. E. 660;Shapard......
  • Universal Credit Company v. Spinazzolo
    • United States
    • Delaware Superior Court
    • January 18, 1938
    ... ... case of an innkeeper or other person bound by law to serve ... the public. Bennett v. Brittingham, 3 W. W ... Harr. (33 Del.) 519, 140 A. 154. Certainly an ... artisan's lien ... L. R. 261; Ehrlich v ... Chapple, 311 Ill. 467, 143 N.E. 61, 32 A ... L. R. 989; Baribault v. Robertson, 82 ... N.H. 297, 133 A. 21 ... In the ... present case there is no ... ...
  • Bunten v. Davis
    • United States
    • New Hampshire Supreme Court
    • April 6, 1926
  • Saloshin v. Houle
    • United States
    • New Hampshire Supreme Court
    • May 5, 1931
    ...557, 103 A. 263; Stinson v. Railroad, 81 N. H. 473, 476, 128 A. 562; Marshall v. Railroad. 81 N. H. 548, 124 A. 550; Baribault v. Robertson, 82 N. H. 297, 298, 133 A. 21; Lee v. Chamberlin, 84 N. H. 182, 148 A. 466), foreign law "is a matter of fact determinable at the trial term." "Excepti......
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