Walcott v. Keith
Superior Court of New Hampshire
Trover, for sundry articles of personal property. Tbe writ was dated November 5th, 1847. Plea, the general issue. It appeared that the property in question was, on the 3d of November, 1847, in the possession of one Brown, as agent for one Southard ; that on that day, by an agreement between said Southard and one Cook, the property became Cook’s and was delivered to him by Brown, by direction of Southard.
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Trover, for sundry articles of personal property. Tbe writ was dated November 5th, 1847. Plea, the general issue. It appeared that the property in question was, on the 3d of November, 1847, in the possession of one Brown, as agent for one Southard ; that on that day, by an agreement between said Southard and one Cook, the property became Cook’s and was delivered to him by Brown, by direction of Southard. This delivery was a formal one, and, at the time of making it, Brown told Cook, that he would rather that he would not take the property away, as he was trusteed. This conversation took place…
1Opinion of the CourtWoods, J.
The jury have found, that the property in question was delivered to the plaintiff by Cook, on the third day of November, 1847, prior to the attachment of it upon the writ in favor of the defendant, and that the plaintiff never thereafter relinquished his right of possession, acquired by the transaction, between him and Cook. Cook, at the time of the delivery of the goods to the plaintiff, was the owner thereof by a purchase from Southard, and had the possession by delivery from Brown, the agent of Southard, by Southard’s direction. The property was delivered to the plaintiff in pledge, to…
2Cases cited7 opinions
- Bond v. WardMassachusetts Supreme Judicial Court · 1810
- Sessions v. LittleSuperior Court of New Hampshire · 1838
- Trask v. BowersSuperior Court of New Hampshire · 1828
- Hinkley v. DavisSuperior Court of New Hampshire · 1833
- Lewis v. WhittemoreSuperior Court of New Hampshire · 1831
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Corning v. RecordsSupreme Court of New Hampshire · 1898