Horn v. Cole
Supreme Court of New Hampshire
Trover, against Cole and Green, for feather-beds, crockery, glass ware, &c. It appeared on trial that tlie plaintiff’ was contemplating to remove West; that his son, Charles E. Horn, had removed before, and was residing at Jefferson, Illinois. The plaintiff packed a box of goods and delivered them to the freight agent at East Milan, directed to Charles E. Horn, Jefferson, Illinois, and ordered them to be forwarded by freight on the railroad.
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Trover, against Cole and Green, for feather-beds, crockery, glass ware, &c. It appeared on trial that tlie plaintiff’ was contemplating to remove West; that his son, Charles E. Horn, had removed before, and was residing at Jefferson, Illinois. The plaintiff packed a box of goods and delivered them to the freight agent at East Milan, directed to Charles E. Horn, Jefferson, Illinois, and ordered them to be forwarded by freight on the railroad. The box started from Milan in the freight cars on the 29th of August, 1864. The defendant Cole, having a note against Charles E. Horn, instituted a suit…
1Opinion of the CourtPerley, C. J.
There is no complaint that the rulings and instructions of the court on the trial were erroneous or improper, provided the evidence warranted the jury in returning a verdict for the defendants ; and the verdict must stand, if the evidence was competent to prove such representations by the plaintiff as would estop him to set up his title to the goods attached as the property of Charles E. Horn.
The evidence reported in the case was competent to prove that the plaintiff made the representations on the occasion and in the circumstances testified to by Cole; that the plaintiff, though not indebted…
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