Lewis v. Whittemore
Superior Court of New Hampshire
This was an action of trespass tie bonis asporiatis, and was tried upon the general issue, at September term, 1830. It appeared in evidence, that the plaintiff was seized and possessed of a farm in Milford, which he put under the care of Mehemiah Haywood, in April, 1824. Haywood was to carry on the farm for the plaintiff, was to sell the produce and account for the proceeds, and had liberty to use and consume in his family such produce as lie might want, and was to have a…
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This was an action of trespass tie bonis asporiatis, and was tried upon the general issue, at September term, 1830. It appeared in evidence, that the plaintiff was seized and possessed of a farm in Milford, which he put under the care of Mehemiah Haywood, in April, 1824. Haywood was to carry on the farm for the plaintiff, was to sell the produce and account for the proceeds, and had liberty to use and consume in his family such produce as lie might want, and was to have a reasonable compensation for his services. Haywood continued upon the farm until the year 102f, under this agreement. Isaac…
1Opinion of the Court
By the court.
The direction which was given to the jury in this case, in relation to the corn, was correct. It is immaterial whether the corn had been mixed with the plaintiffs assent or not. It was all in the possession of the plaintiff’s agent, Haywood, and while in Haywood’s possession had been intermixed. Haywood at first told the officer that the corn belonged entirely to the plaintiff; and although he afterwards informed the officer that on*366ly a part of the corn belonged to the plaintiff', it does not appear that he stated what portion was the property of the plaintiff'. It was the duty…
2Cases cited2 opinions
- Trask v. BowersSuperior Court of New Hampshire · 1828
- David Pettingill Versus Samuel C. Bartlett.Superior Court of New Hampshire · 1817
3Cited by3 opinions
- Corning v. RecordsSupreme Court of New Hampshire · 1898
- Walcott v. KeithSuperior Court of New Hampshire · 1850
- Tufts v. McClintockSupreme Judicial Court of Maine · 1848