Griswold v. Morse
Supreme Court of New Hampshire
Trover, for thirty tons hay, four tons straw, one hundred and seventy-five bushels oats, seventy bushels buckwheat, twenty-five bushels potatoes, four tons corn-fodder, twelve loads manure, three cows, one bull, two calves, two horses, one hog, one pair harnesses, and one hundred and fifty bushels potatoes.
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Trover, for thirty tons hay, four tons straw, one hundred and seventy-five bushels oats, seventy bushels buckwheat, twenty-five bushels potatoes, four tons corn-fodder, twelve loads manure, three cows, one bull, two calves, two horses, one hog, one pair harnesses, and one hundred and fifty bushels potatoes. Writ dated January 20, 1877. The plaintiff is assignee in bankruptcy of Frank P. Winn, who was adjudged bankrupt, upon petition of his creditors, February 11, 1876. The action was sent to a referee, who reported in favor of the plaintiff, assessing damages in the sum of $310, and interest…
1Opinion of the CourtClark, J.
The defendant claims part of the property as mortgagee, and the residue by virtue of a sale or settlement wi^li the bankrupt. The case finds there was no sale. There was evidence tending to show a conversion by the defendant, and no demand was necessary. The contract between Winn and the defendant was not a hiring of the farm on shares or at the halves, whereby the whole or a portion of the crops was reserved in lieu of rent. Winn was the owner of the crops, and his abandonment of the farm did not divest his title, or transfer it to the defendant. For any damages the defendant sustained by…
2Cases cited3 opinions
- Charter v. StevensNew York Supreme Court · 1846
- Hutchins v. KingSupreme Court of the United States · 1864
- Mathews v. FiskSupreme Judicial Court of Maine · 1874
3Cited by2 opinions
- Aaron Harkaway v. Boston Herald Traveler CorporationCourt of Appeals for the First Circuit · 1969
- Tuttle v. LangleySupreme Court of New Hampshire · 1896