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…
1Opinion of the Court
FROM GRAFTON CIRCUIT COURT. I am of opinion that the defendant's exceptions in this case must be sustained, and that judgment should be entered in his favor upon the report of the referee. The general rule, that the possession of goods by a bailee, or servant, gives him no power to make any disposition of them, except by virtue of actual authority received from the owner (PERLEY, J., in Folsom v. Batchelder, 22 N.H. 51), is so well settled as to be quite elementary. But there are several exceptions to this rule, quite as well settled, and quite as well understood as the rule itself. One…
2Cases cited3 opinions
- Saltus & Saltus v. EverettNew York Supreme Court · 1838
- Bryant v. WhitcherSupreme Court of New Hampshire · 1872
- Folsom v. BatchelderSuperior Court of New Hampshire · 1850
3Cited by3 opinions
- Dunn v. National Life InsuranceSupreme Court of New Hampshire · 1897
- Reed v. LinscottSupreme Court of New Hampshire · 1934
- Weiss-Lawrence, Inc. v. James Talcott, Inc.District Court, D. New Hampshire · 1975