Nixon v. Brown
Supreme Court of New Hampshire
From Grafton Circuit Court. Trover, for a horse. The action was sent to a referee, who reported that he found the defendant not guilty, &c., and that he recover against the plaintiff his costs. He also reported the following facts, on the basis of which he held that the plaintiff could not recover.
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From Grafton Circuit Court. Trover, for a horse. The action was sent to a referee, who reported that he found the defendant not guilty, &c., and that he recover against the plaintiff his costs. He also reported the following facts, on the basis of which he held that the plaintiff could not recover. “In May, 1874, one Charles Mason, who resided in Whitefield, N. H., purchased the horse in question of one Hubbard, who resided in Dalton, N. H., for the plaintiff, who furnished, the money ($95.00) to Mason to pay for the same. Mason did not' disclose to Hubbard that he.'.was purchasing for the…
1Concurrence
It is clear that Mason had no authority whatever from Nixon to sell his horse. The only question is, whether the plaintiff left the property in the possession of Mason under circumstances from which the law will infer that he had authority to sell. When the owner of a chattel has by his own conduct enabled his agent to hold himself forth to the world as having not the possession only, but the property, or the right to sell, — that is, when the real owner of goods suffers another to have possession of his property, and of those documents which are the indicia of property, — a sale by such…
2Cases cited2 opinions
- Barnard v. . CampbellNew York Court of Appeals · 1874
- Towle v. LeavittSuperior Court of New Hampshire · 1851