Porell v. Cavanaugh
Supreme Court of New Hampshire
Trover, for a horse. Trial by jury and verdict for the plaintiff. In May, 1896, the defendants entered into a contract with William P. Burke for the sale of a horse to him for his son Octave, for the sum of $2,500, payable in brick at five dollars per thousand, to be delivered on the defendants’ order upon the cars at Epping.
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Trover, for a horse. Trial by jury and verdict for the plaintiff. In May, 1896, the defendants entered into a contract with William P. Burke for the sale of a horse to him for his son Octave, for the sum of $2,500, payable in brick at five dollars per thousand, to be delivered on the defendants’ order upon the cars at Epping. Shortly after the contract of sale, the horse was delivered by the defendants to Octave, who kept him until the last of the following July, when he passed into the possession of the plaintiff. The plaintiff’s evidence tended to show that the sale of the horse to Burke by…
1Opinion of the Court
"Wallace, J.
The evidence of one of the witnesses that he' saw a pile of bills in the plaintiff’s possession four or five inches thick, some of the top ones being fives, tens, and probably twenties, was competent on the question of the plaintiff’s financial ability to buy so valuable a horse. This testimony was not mere conjecture, but was the statement of facts which would furnish the jury some assistance in determining whether the plaintiff had the money to pay for the horse, as he claimed he did.
The motion for a nonsuit was properly denied, although there was no.evidence of a demand upon…
2Cited by2 opinions
- Jones v. StoneSupreme Court of New Hampshire · 1917
- Knapp v. GuyerSupreme Court of New Hampshire · 1909