Lovejoy v. Jones
Superior Court of New Hampshire
Trover, for an ox. It appeared that the plaintiff owned the ox, and lent it to one McCoy, to use at Manchester; that while McCoy had it he sold it to the defendant, in February, 1853, and took his note for the same, representing himself to be the owner. The writ was dated May 28th, 1853, and was made out at Concord.
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Trover, for an ox. It appeared that the plaintiff owned the ox, and lent it to one McCoy, to use at Manchester; that while McCoy had it he sold it to the defendant, in February, 1853, and took his note for the same, representing himself to be the owner. The writ was dated May 28th, 1853, and was made out at Concord. The plaintiff, to prove a demand for the ox, introduced evidence tending to show that in October, 1853, the defendant came to see the plaintiff, with a view to settle up the matter; that while together, the plaintiff told him that he might have settled with less trouble at…
1Opinion of the CourtWoods, C. J.
McCoy’s possession of the ox for a period not fixed by the contract of bailment, was terminable at the will of the plaintiff, or by any act of his own that should indicate a purpose of putting an end to the character or relation of bailee, in which he held the chattel. The act of sale was of that nature. It changed the nature of his possession from that of a bailee to that of a wrong-doer, (Sanborn v. Coleman, 6 N. H. Rep. 14,) and the delivery to the defendant under the sale, gave him no better or more rightful title to it. It was not one of those cases in which one, holding the chattel of…
2Cases cited4 opinions
- Hyde v. NobleSuperior Court of New Hampshire · 1843
- Sanborn v. ColmanSuperior Court of New Hampshire · 1832
- Doty v. HawkinsSuperior Court of New Hampshire · 1833
- White v. DemarySuperior Court of New Hampshire · 1823