Legal Opinion

Hyde v. Noble

Superior Court of New Hampshire

Decided July 15, 1843PublishedCited by 5 opinions

Trover, for certain boards, plank, and shingles, alleged to have been converted by the defendants, January 2d, 1840. It appeared in evidence, that in November, 1839, the plaintiff and certain other persons were the owners of a quantity of lumber, at Hallowell and Gardiner, in Maine.

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Trover, for certain boards, plank, and shingles, alleged to have been converted by the defendants, January 2d, 1840. It appeared in evidence, that in November, 1839, the plaintiff and certain other persons were the owners of a quantity of lumber, at Hallowell and Gardiner, in Maine. The lumber was manufactured at mills there, which were hired by the plaintiff, for the benefit of all the owners of the lumber, and the plaintiff had the possession of the mills and lumber, for himself, and as agent for the other owners, and had the complete control of it. In that month the plaintiff contracted…

1Opinion of the CourtParker, C. J.

The plaintiff had a sufficient property in the lumber to enable him to maintain trover, if the defendants are liable. He was part owner of the lumber, and although others were interested in it, yet it appears that he hired the mills at which it was manufactured, had possession of them and of the lumber, and had the complete control of it. It is evident that he might have sold it, being accountable to those interested, for the proceeds, and it seems that he had shipped it for that purpose. He had, then, a general property in part, and a special property in the residue, and the latter alone is…

2Cases cited3 opinions

  1. Sargent v. GileSuperior Court of New Hampshire · 1836
  2. Sanborn v. ColmanSuperior Court of New Hampshire · 1832
  3. Barron v. DavisSuperior Court of New Hampshire · 1828

3Cited by5 opinions

  1. Claybrooke Warehouse & Gin Co. v. Farmers Cooperative Warehouse & Gin Co.Supreme Court of Alabama · 1954
  2. Sargent v. UsherSupreme Court of New Hampshire · 1875
  3. Alexander J. Walker, Jr. v. Aaron DaySupreme Court of New Hampshire · 2020
  4. Flanders v. ColbySuperior Court of New Hampshire · 1853
  5. Lovejoy v. JonesSuperior Court of New Hampshire · 1855

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