Fuller v. Rounceville
Superior Court of New Hampshire
Trespass, for taking and carrying away the plaintiff’s sleigh. Plea, the general issue, with a brief statement that the defendant took the sleigh as the servant or agent of Bla Rounceville.
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Trespass, for taking and carrying away the plaintiff’s sleigh. Plea, the general issue, with a brief statement that the defendant took the sleigh as the servant or agent of Bla Rounceville. It appeared that the sleigh was formerly the property of Bla Rounceville, and that in March, 1851, it came into the possession of the plaintiff, where it remained until the defendant took and carried it away, in December, 1851. The plaintiff gave in evidence, a note, dated April 20, 1850, for the sum of $22,28, signed by Ela Eounceville and payable to the plaintiff, on demand, with interest, and George…
1Opinion of the Court · WoodsWoods, J.
Two questions are involved in the ease.
The first arises upon the ruling of the court rejecting the evidence of the mortgage of Ela Rounceville to James B. Sumner, and of the authority of Sumner to the defendant to take the sleigh. It was rejected upon the ground that the evidence was inadmissible under the general issue. That it would have made out a perfect defence to the action of trespass, if receivable, admits of no doubt. The offer was to show a mortgage prior in point of time to the title of the plaintiff, whatever that might have been, and peaceable possession taken of the property…
Also in this document: Opinion of the Court · Redfield.
2Cases cited2 opinions
- Merritt v. MillerSupreme Court of Vermont · 1841
- Stow v. ScribnerSuperior Court of New Hampshire · 1832
3Cited by2 opinions
- Felch v. Concord RailroadSupreme Court of New Hampshire · 1890
- Meaney v. RubegaSupreme Court of New Hampshire · 1997