Harris v. Smith
Supreme Court of New Hampshire
Trover, for wood. Trial by jury and verdict for the plaintiff. Transferred from the April term, 1901, of the superior court by Pilce, J. The plaintiff’s evidence tended to prove the following facts: Prior to December 9, 1898, Tyler Clark and W. H. Merriam owned a woodlot in Stark, in common and undivided.
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Trover, for wood. Trial by jury and verdict for the plaintiff. Transferred from the April term, 1901, of the superior court by Pilce, J. The plaintiff’s evidence tended to prove the following facts: Prior to December 9, 1898, Tyler Clark and W. H. Merriam owned a woodlot in Stark, in common and undivided. In August, 1898, Merriam conveyed to one Mclntire, as security for a debt, all the pulp-wood and fire-wood on the lot, and on October 18 the latter assigned his bill of sale to the plaintiff, at the request of Merriam. On the following day the plaintiff took possession of the wood, gave…
1Opinion of the CourtBlodgett, C. J.
The plaintiff’s purchase from Merriam under circumstances strongly tending to show an estoppel, if not authorization and ratification, on the part of Clark, conferred upon her title to the wood in controversy; for even if Clark did not part with his interest in it by the sale to the plaintiff, the defendant show's no right or title to the wood derived from Clark. “ In an action of trover, the defendant cannot set up the defence of property in a third person without showing some right, title, or interest in himself derived from such person.” Harrington v. Tremblay, 61 N. H. 413.
Bean’s opinion…
2Cases cited6 opinions
- Wheeler v. Grand Trunk Railway Co.Supreme Court of New Hampshire · 1900
- Nutter v. Boston & Maine RailroadSupreme Court of New Hampshire · 1881
- Emery v. Boston & Maine RailroadSupreme Court of New Hampshire · 1893
- Harrington v. TremblaySupreme Court of New Hampshire · 1881
- Leach v. BancroftSupreme Court of New Hampshire · 1881
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
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- Ricard v. Pollard Auto Co.Supreme Court of New Hampshire · 1934