Searle v. Parke
Supreme Court of New Hampshire
Trespass, de bonis, with a count in trover, for taking and carrying away and for the conversion of a diamond ring. Facts found by the court. The defendants were engaged in decorating the Statesman building, and employed B. and S.¿ two irresponsible strangers, to assist them.
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Trespass, de bonis, with a count in trover, for taking and carrying away and for the conversion of a diamond ring. Facts found by the court. The defendants were engaged in decorating the Statesman building, and employed B. and S.¿ two irresponsible strangers, to assist them. June 20, 1894, it became convenient in the prosecution of the work to enter, in his absence, the plaintiff’s room in the building, to the exclusive possession of which he was entitled, and the door of which was locked. B., by direction of the defendants, entered the room through the window, and admitted S. by the door.…
1Opinion of the CourtCarpenter, J.
On the facts stated, the defendants are not liable for the larceny of the ring in any form of action. To en title the plaintiff to recover in trespass de bonis or trover* it must be shown that' the' defendants personally, or by their servants acting within the scope of their employment, participated in the taking and conversion; or that it was taken for their benefit and that they ratified the taking. 2 Gr. Ev., s. 631; Wilson v. Tumman, 6 M. & G. 236, 242, 243; Lewis v. Read, 13 M. & W. 834. It is not claimed that the defendants took part in or ratified the trespass, and there is as little…
2Cases cited2 opinions
- Gilman v. NoyesSupreme Court of New Hampshire · 1876
- Andrews v. GreenSupreme Court of New Hampshire · 1882
3Cited by8 opinions
- Schecter v. Merchants Home Delivery, Inc.District of Columbia Court of Appeals · 2006
- Gage v. Boston & Maine RailroadSupreme Court of New Hampshire · 1914
- Derosier v. New England Telephone & Telegraph Co.Supreme Court of New Hampshire · 1925
- Richard v. Amoskeag Manufacturing Co.Supreme Court of New Hampshire · 1920
- Ela v. Postal Telegraph Cable Co.Supreme Court of New Hampshire · 1901
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