Brooks v. Howison
Supreme Court of New Hampshire
Assumpsit, for the use of furniture owned by the nine plaintiffs and the defendant as tenants in common. The declaration contained common counts and a special one. To the former the defendant pleaded the general issue: to the latter he demurred, on the ground that there could not be a joint recovery. The demurrer was sustained, and the plaintiffs excepted.
Read the full summary
Assumpsit, for the use of furniture owned by the nine plaintiffs and the defendant as tenants in common. The declaration contained common counts and a special one. To the former the defendant pleaded the general issue: to the latter he demurred, on the ground that there could not be a joint recovery. The demurrer was sustained, and the plaintiffs excepted. The plaintiffs having filed a bill in equity on the same cause of action, the defendant moved for an order requiring them to elect in which suit they would try the matters in controversy. The motion was denied, and the defendant excepted.…
1Opinion of the CourtDob, C. J.
Both parties put their contention on the ground that between themselves, and for the purposes of this case, the nine plaintiffs and the defendant have the rights of owners of the furniture in common. Each of them necessarily has an equal right to its possession. It came rightfully into the defendant’s possession, and his right to keep it is equal to that of each of the plaintiffs. But mere possession of the property, a part of which is carpets, is very different from the consuming use he made of it a year and a half in his hotel. If it were possible for him to carry his use of his share to…
2Cases cited4 opinions
- Metcalf v. GilmoreSupreme Court of New Hampshire · 1879
- Chauncy v. German American Ins.Supreme Court of New Hampshire · 1881
- Rutherford v. WhitcherSupreme Court of New Hampshire · 1880
- Strafford v. WelchSupreme Court of New Hampshire · 1879
3Cited by8 opinions
- Owen v. WestonSupreme Court of New Hampshire · 1885
- Lacoss v. LebanonSupreme Court of New Hampshire · 1917
- Sanborn v. Boston & Maine RailroadSupreme Court of New Hampshire · 1911
- Smith v. Bank of New EnglandSupreme Court of New Hampshire · 1897
- Tripp v. Forsaith MacHine Co.Supreme Court of New Hampshire · 1897
3 more not listed; retrieve them via the Exa API.