Moody v. Drown
Supreme Court of New Hampshire
Trover, for a wagon, and a receipted account of the plaintiff against the defendant. The plaintiff gave the wagon and receipted account to the defendant in exchange for a horse.
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Trover, for a wagon, and a receipted account of the plaintiff against the defendant. The plaintiff gave the wagon and receipted account to the defendant in exchange for a horse. There was evidence upon which the jury might find that the defendant knew the horse was smuggled from Canada, and liable to forfeiture; that the plaintiff was defrauded by the defendant’s representation that there was no defect in the title ; and that the horse was taken from the plaintiff by the revenue officers, for the violation of the revenue laws, and sold at auction to the plaintiff for $75. The defendant…
1Opinion of the CourtDoe, C. J.
The plaintiff, electing to treat the fraudulent exchange as void, and the defendant’s possession of his property as tortious, could maintain trover, without a demand and refusal. Thurston v. Blanchard, 22 Pick. 18; Stevens v. Austin, 1 Met. 557; Thayer v. Turner, 8 Met. 550, 552; Bussing v. Rice, 2 Cush. 48; Farley v. Lincoln, 51 N. H. 577, 580, 581.
The defeasible title, received by the plaintiff from the defendant, having entirely failed, and the horse having been taken from the plaintiff, he could rescind the exchange without buying the horse and returning it to the defendant. When he…
2Cases cited6 opinions
- Berry v. GraddyCourt of Appeals of Kentucky · 1859
- Spencer v. DearthSupreme Court of Vermont · 1870
- O'Donoghue v. CorbySupreme Court of Missouri · 1856
- Savery v. HaysSupreme Court of Iowa · 1865
- Fullam v. CummingsSupreme Court of Vermont · 1844
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Noyes v. PatrickSupreme Court of New Hampshire · 1879