Hatch v. Taylor
Superior Court of New Hampshire
Trespass, for taking a horse of the plaintiff, on the 6th of March, 1836. Oil the trial it appeared that the defendant, in February, 1836, was the owner of two horses, one black, the other white, usually worked together ; and that they were hired by one Asa Clark, for the purpose of drawing a load of goods from Lowell, in Massachusetts, to Thornton, in this state. ^ ■ While Clark had the horses in Thornton, he exchanged one of them, with the plaintiff, for a mare and colt;…
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Trespass, for taking a horse of the plaintiff, on the 6th of March, 1836. Oil the trial it appeared that the defendant, in February, 1836, was the owner of two horses, one black, the other white, usually worked together ; and that they were hired by one Asa Clark, for the purpose of drawing a load of goods from Lowell, in Massachusetts, to Thornton, in this state. ^ ■ While Clark had the horses in Thornton, he exchanged one of them, with the plaintiff, for a mare and colt; the plaintiff supposing that the horses belonged to Clark. The mare died at Concord, while Clark was on his return to…
1Opinion of the CourtParker, C. J.
It cannot be known, from the case before ps, whether the jury found that Clark did not exceed his authority in making the exchange ; or whether the verdict was based upon a ratification of the transaction, by the acts of the defendant afterwards. If, therefore, the instructions to the jury were not substantially correct upon either of these points, there must be a new trial.
There was sufficient evidence to warrant a finding that Clark, when he received the horses from the defendant, had an authority, of some description, given him respecting a sale or exchange of one or both of them. What…
2Cited by3 opinions
- Concord Bank v. GreggSuperior Court of New Hampshire · 1843
- Brown v. BerrySuperior Court of New Hampshire · 1843
- Presby v. ParkerSupreme Court of New Hampshire · 1876