Towle v. Leavitt
Superior Court of New Hampshire
Replevin, for a phseton, of the value of fifty dollars. The defendant pleaded property in himself, and the plaintiff replied that the property was his, and not the defendants.
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Replevin, for a phseton, of the value of fifty dollars. The defendant pleaded property in himself, and the plaintiff replied that the property was his, and not the defendants. The evidence tended to show that the plaintiff, being the owner of the phaeton, agreed with one Lane, a carriage-maker, to make some repairs upon it, and if he had an opportunity, to sell it; and directed him to sell it for forty-five dollars if he could get it, if not, to take forty dollars ; that the five dollars should make no difference. Nothing was said to him of a sale at auction. Lane testified, that he had no…
1Opinion of the CourtEastman, J.
The first question presented in the instructions of the court to the jury, is one of importance, and, it is believed, somewhat new in the jurisprudence of this State. By-bidding, and puffing at auction, is a matter of very common occurrence, yet we do not now remember that the effect of it has ever been settled by our courts. Still the question is not by any means a new one, and has frequently been agitated in other jurisdictions.
The first case that we have been able to find in the books, is that of Brown v. Nightengale, 3 Brown’s Parliamentary Cases, 263, decided in 1726. It was resolved in…
2Cases cited3 opinions
- Denning v. SmithNew York Court of Chancery · 1818
- Allen v. OgdenUnited States Circuit Court · 1804
- Rice v. SpencerHawaii Supreme Court · 1862
3Cited by5 opinions
- Foley v. WheelockSupreme Court of New Hampshire · 2008
- Stormy Weathers, Inc. v. Federal Deposit InsuranceDistrict Court, D. New Hampshire · 1993
- Appeal of Harold FrenchSupreme Court of New Hampshire · 2011
- In Re FrenchSupreme Court of New Hampshire · 2011
- Nixon v. BrownSupreme Court of New Hampshire · 1876