Kelsea v. Haines
Supreme Court of New Hampshire
Trespass, by Jonathan K. Kelsea against Milo E. Haines, for carrying away the plaintiff’s lumber. Plea, not guilty, with a brief statement that the defendant, being a deputy-sheriff, took the lumber as the property of J. L. Clark, on writs in favor of Webster and Blaisdell against said Clark, and, at the time of the taking, the lumber was the property of Clark, and the defendant afterward sold and applied the same on executions issued on judgments recovered in those suits.
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Trespass, by Jonathan K. Kelsea against Milo E. Haines, for carrying away the plaintiff’s lumber. Plea, not guilty, with a brief statement that the defendant, being a deputy-sheriff, took the lumber as the property of J. L. Clark, on writs in favor of Webster and Blaisdell against said Clark, and, at the time of the taking, the lumber was the property of Clark, and the defendant afterward sold and applied the same on executions issued on judgments recovered in those suits. To prove the lumber in question to be his property, the plaintiff testified, in substance, that he and his partner agreed…
1Opinion of the CourtNesmith, J.
It is very difficult to lay down any general rule that can bind or control parties, in cases like this before us. The defendant contends that the sale of the *252lumber in dispute from Clark to the plaintiff was incomplete ; therefore no title to it passed which can affect the rights of Clark’s creditors. In a recent case of this kind, Gilmour v. Supple, Amer. Law Reg. 1859, 245, Justice Creswell remarks : “ It is impossible to examine the decisions on this subject, without being struck with the ingenuity with which sellers have contended that the property in goods contracted for had or had not…
2Cases cited6 opinions
- Olyphant v. BakerNew York Supreme Court · 1848
- Waldron v. ChaseSupreme Judicial Court of Maine · 1854
- De Ridder v. M'KnightNew York Supreme Court · 1816
- Livingston v. BainNew York Supreme Court · 1833
- Pratt v. ChaseSupreme Judicial Court of Maine · 1885
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