Legal Opinion

Stantons v. Thompson

Supreme Court of New Hampshire

Decided June 15, 1870PublishedCited by 6 opinions

Trover, by J. M. & S. F. Stanton against Bobert W. Thompson plaintiff in review, for a sawing machine. This is a review of the action transferred to the law term from the September trial term, 1864, and again from the January trial term, 1866. Plaintiff’s evidence tended to show that the machine was made by them, and in January, 1861, set up in a saw-mill in Auburn, under an agreement with one Hutchinson who then owned the mill; that the machine should remain the property…

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Trover, by J. M. & S. F. Stanton against Bobert W. Thompson plaintiff in review, for a sawing machine. This is a review of the action transferred to the law term from the September trial term, 1864, and again from the January trial term, 1866. Plaintiff’s evidence tended to show that the machine was made by them, and in January, 1861, set up in a saw-mill in Auburn, under an agreement with one Hutchinson who then owned the mill; that the machine should remain the property ;,of the plaintiffs till paid for. Upon evidence, not here reported, the court íuled that the machine was so annexed to…

1Opinion of the CourtBellows, C. J.

The instructions to the jury were apparently based upon the opinion of the whole court, in a case made upon the trial of this cause in 1854, and it becomes important to ascertain what that opinion was, and whether it must furnish the rule for this case; for, according to the decision in Bell v. Woodward, 47 N. H. 542, the opinion formerly given may be the law for this case, so far as it applies, in all its stages.

This decision in Bell v. Woodward, is sustained by many decided cases, some of which put it upon the ground that a decision of the highest court in the same cause must be regarded as…

2Cases cited9 opinions

  1. James v. MoreyCourt for the Trial of Impeachments and Correction of Errors · 1823
  2. Lockwood v. SturdevantSupreme Court of Connecticut · 1827
  3. Baldwin v. NortonSupreme Court of Connecticut · 1817
  4. Gardner v. AstorNew York Court of Chancery · 1817
  5. James v. JohnsonNew York Court of Chancery · 1822

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3Cited by6 opinions

  1. Bank of Powell v. Peoples BankSupreme Court of Alabama · 1987
  2. Gordon v. Envoy Mortgage, Ltd.District Court, D. New Hampshire · 2017
  3. Fletcher v. ChamberlinSupreme Court of New Hampshire · 1881
  4. Salvage v. HaydockSupreme Court of New Hampshire · 1896
  5. Cornell v. Envoy Mortgage, Ltd. (In re Hosch)United States Bankruptcy Court, D. New Hampshire · 2016

1 more not listed; retrieve them via the Exa API.

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