Drew v. Kimball
Supreme Court of New Hampshire
Trover, for converting certain cattle of the plaintiff’s, attached by the defendant, as a deputy sheriff, as the property of one French, on a writ in favor of one Page.
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Trover, for converting certain cattle of the plaintiff’s, attached by the defendant, as a deputy sheriff, as the property of one French, on a writ in favor of one Page. The testimony of the plaintiff tended to show that the property, in fact, belonged to him, and that he put it into the hands of French to sell; while the defendant’s evidence tended to prove a sale by the plaintiff to French; and among other things he offered evidence of the plaintiff’s statement that he had sold the cattle to French. Upon this, the plaintiff was permitted to testify against the defendant’s exception, that…
1Opinion of the Court
Bellows, -J.
The principal question is, whether the plaintiff is estopped by his acts, and the representations to Page, to deny that the cattle belonged to French. On this point, the case finds that, at the time the cattle were attached b,y the defendant, upon the writ in favor of Page against French, they were in French’s possession. And the plaintiff’s case is, that they were his property, and merely left with French to sell. And he testified that, for the purpose of concealing the fact that he owned the cattle, that a sale of them might be better effected, he had disavowed such ownership;…
2Cases cited7 opinions
- Welland Canal Co. v. HathawayNew York Supreme Court · 1832
- Brown v. WheelerSupreme Court of Connecticut · 1845
- Copeland v. CopelandSupreme Judicial Court of Maine · 1848
- Hollister v. JohnsonNew York Supreme Court · 1830
- Wooley v. ChamberlainSupreme Court of Vermont · 1852
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Hilco Property Services, Inc. v. United StatesDistrict Court, D. New Hampshire · 1996
- Gilbert v. ManchesterSupreme Court of New Hampshire · 1875