Hart v. Boston & Maine Railroad
Supreme Court of New Hampshire
Replvin, for old iron. Trial by jury and verdict for the plaintiff. Transferred from the May term, 1903, of the superior court by Stone, ff. The evidence tended to prove the following facts: The plaintiff sold the iron to one Lepsitz, April 3, 1902, to be paid for in cash and to remain the plaintiff’s property in the. meantime.
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Replvin, for old iron. Trial by jury and verdict for the plaintiff. Transferred from the May term, 1903, of the superior court by Stone, ff. The evidence tended to prove the following facts: The plaintiff sold the iron to one Lepsitz, April 3, 1902, to be paid for in cash and to remain the plaintiff’s property in the. meantime. The iron was gathered by Lepsitz on the plaintiff’s premises, weighed, and loaded on the cars with an agreement that it should not be moved until paid for. Lepsitz informed the plaintiff of the weight of the iron on April 11, and gave him a check for the price, which…
1Opinion of the CourtChase, J.
The evidence seems to be all one way, and to prove that the iron was to be paid for in cash upon delivery to the purchaser, and that both parties to the contract understood there was no delivery; that the possession of the iron, which the plaintiff allowed Lepsitz to have, was for the purpose of ascertaining the quantity and having it in readiness for delivery when payment was made.. After the iron was loaded on to the car, both parties understood that the plaintiff had control of it — that the defendants’ possession of it for the time being was held in behalf of the plaintiff. If it does not…
2Cases cited1 opinion
- Towne v. DavisSupreme Court of New Hampshire · 1890
3Cited by2 opinions
- Arnold v. GambrelSupreme Court of Oklahoma · 1917
- Orilla Lumber Co. v. Chicago, Milwaukee & Puget Sound Railway Co.Washington Supreme Court · 1914