Hett v. Boston & Maine Railroad
Supreme Court of New Hampshire
Trover, for articles used in a merry-go-round. Trial by the court. The writ is dated October 10, 1895. July 29, 1895, the plaintiff owned the property and leased it for the term of three months to I). & II., reserving the right to retake the same whenever the payments for its use were not made each week in advance.
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Trover, for articles used in a merry-go-round. Trial by the court. The writ is dated October 10, 1895. July 29, 1895, the plaintiff owned the property and leased it for the term of three months to I). & II., reserving the right to retake the same whenever the payments for its use were not made each week in advance. I). & II. set up and used the merry-go-round at various places until the evening of September 21, 1895, when they yielded to the plaintiff’s demand for the property because of the non-payment for its use. They loaded it upon a freight car of the defendants at Nashua, to he…
1Opinion of the CourtCarpenter, C. J.
“ To constitute a conversion there must be some exercise of dominion over the property in repudiation of, or inconsistent with, the owner’s rights.” Evans v. Mason, 64 N. H. 98; Baker v. Beers, 64 N. H. 102. A refusal to deliver propei'ty to the owner, upon his demand is not of itself a coxxversion. ■ It is evidence texxding to show a coxxversioxx, but like, other inconclusive acts is open to explanatioxx. It is a sufficient answer that it is not in the power of the defendant to comply with the demand. Johnson v. Couillard, 4 Allen 446. When the plaintiff made the demand upon the defendants…
2Cases cited4 opinions
- Goodwin v. . WertheimerNew York Court of Appeals · 1885
- Stiles v. Davis & BartonSupreme Court of the United States · 1861
- Storm v. LivingstonNew York Supreme Court · 1810
- Osgood v. CarverSupreme Court of Connecticut · 1875
3Cited by8 opinions
- Muzzy v. Rockingham County Trust Co.Supreme Court of New Hampshire · 1973
- LFC Leasing & Financial Corp. v. Ashuelot National BankSupreme Court of New Hampshire · 1980
- Merz v. Chicago & Northwestern Railway Co.Supreme Court of Minnesota · 1902
- Stahl v. Boston & Maine RailroadSupreme Court of New Hampshire · 1901
- Belknap v. Baltimore & Ohio RailroadWest Virginia Supreme Court · 1917
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