Knapp v. Guyer
Supreme Court of New Hampshire
Trover, for 5,875 pounds of potatoes. Trial by the court and verdict for the plaintiff, to which the defendant excepted. Transferred from the March term, 1909, of the superior court by Chamberlin, J. The plaintiff is a farmer at Piermont, and the defendant is a merchant at Hanover. In May, 1908, W. E. Blood, an innkeeper at Hanover, was in financial difficulties.
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Trover, for 5,875 pounds of potatoes. Trial by the court and verdict for the plaintiff, to which the defendant excepted. Transferred from the March term, 1909, of the superior court by Chamberlin, J. The plaintiff is a farmer at Piermont, and the defendant is a merchant at Hanover. In May, 1908, W. E. Blood, an innkeeper at Hanover, was in financial difficulties. He desired to purchase one hundred bushels of potatoes, intending to use most of them himself and to sell the remainder, and arranged with the defendant for the shipment of potatoes to Hanover in the latter’s name. Blood called at…
1Opinion of the CourtBingham, J.
It is clear from the facts found that the plaintiff did not sell the property in question to the defendant, although he billed it to him upon the representation of Blood that the defendant was the purchaser. It is equally clear that he did not sell it to Blood, and that in delivering it to the railroad, billed to the defendant, he parted with the possession, but not with his title and right of possession. Having the title and right of possession at the time that the defendant gave the order to the railroad to deliver the property to Blood, the order was an act in itself implying an assertion…
2Cases cited4 opinions
- Evans v. MasonSupreme Court of New Hampshire · 1886
- Baker v. BeersSupreme Court of New Hampshire · 1886
- Brown v. ElaSupreme Court of New Hampshire · 1891
- Porell v. CavanaughSupreme Court of New Hampshire · 1898
3Cited by2 opinions
- Salvation Army, Inc. v. EllerbushIndiana Court of Appeals · 1928
- Jones v. StoneSupreme Court of New Hampshire · 1917