Jones v. Stone
Supreme Court of New Hampshire
Trover, for household furniture &c. Trial by jury and verdict for the plaintiff. The evidence tended to prove that the plaintiff conveyed a farm to the defendant February 22,1916, it being understood that the plaintiff was to remove his personal property from the premises on or before April first, next. The plaintiff, owning the locks upon the barns where the property was stored, did not deliver to the defendant possession of these barns, but retained the keys.
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Trover, for household furniture &c. Trial by jury and verdict for the plaintiff. The evidence tended to prove that the plaintiff conveyed a farm to the defendant February 22,1916, it being understood that the plaintiff was to remove his personal property from the premises on or before April first, next. The plaintiff, owning the locks upon the barns where the property was stored, did not deliver to the defendant possession of these barns, but retained the keys. Within a few weeks, after the conveyance, the plaintiff removed some of his property from the barns. Thereafter, the defendant cut…
1Opinion of the CourtPlummer, J.
It was not error for the court to refuse to give the instructions requested by the defendant. Such instructions would leave out of consideration the vital fact in the case, which could be found from the evidence, namely, the cutting out and removing by the defendant of the plaintiff’s locks upon the premises, and substituting locks of his own in place thereof. This was an act of dominion over the plaintiff’s property in denial of and inconsistent with his ownership, and was, therefore, a conversion of the property. Evans v. Mason, 64 N. H. 98; Baker v. Beers, 64 N. H. 102; Porell v.…
2Cases cited4 opinions
- Evans v. MasonSupreme Court of New Hampshire · 1886
- Baker v. BeersSupreme Court of New Hampshire · 1886
- Knapp v. GuyerSupreme Court of New Hampshire · 1909
- Porell v. CavanaughSupreme Court of New Hampshire · 1898
3Cited by5 opinions
- Thomas v. WestbrookSupreme Court of Arkansas · 1944
- Plunkett-Jarrell Grocery Co. v. TerrySupreme Court of Arkansas · 1953
- Smith v. Boston & Maine RailroadSupreme Court of New Hampshire · 1937
- Whiteley v. Foremost Dairies Inc.District Court, W.D. Arkansas · 1957
- Plunkett-Jarrell Grocery Co. v. TerrySupreme Court of Arkansas · 1953