Parker v. Marvell
Supreme Court of New Hampshire
Replevin for a wagon. Facts found by a referee. The plaintiff bought the wagon of one Taylox’, and paid for it January ■ 23, 1877, but having no place to store it through the winter, he told Taylor that he et>uld use it as he might have occasion if he would allow it to remain in his shed, to which Taylor assented. Sleighing disappeared sooix after, and the plaintiff took the wagon and used it several days, during which time he offered it for sale.
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Replevin for a wagon. Facts found by a referee. The plaintiff bought the wagon of one Taylox’, and paid for it January ■ 23, 1877, but having no place to store it through the winter, he told Taylor that he et>uld use it as he might have occasion if he would allow it to remain in his shed, to which Taylor assented. Sleighing disappeared sooix after, and the plaintiff took the wagon and used it several days, during which time he offered it for sale. He then replaced it in Taylor’s shed, in whose custody it was allowed to remain, to be used by him as his own, until May 27, 1878, when it was…
1Opinion of the Court
BlN<jj^J\í, J.
The arrangement was a secret inference of law. Coburn v. Pickering, pson, 43 N. H. 130; Coolidge v. Me Stockwell, 55 N. H. 561; Cutting v. Jackson, 56 N. Holmes, 58 N. H. 293; Flagg v. Pierce, 58 N. no satisfactory explanation of the vendor’s posses-was in Towne v. Rice, 59 N. H. 412, and French v. Hall, 9 H. 137. The wagon was used by the vendor for more than a yeai\ and from ordinary observation a neighbor or creditor would have supposed it to be the vendor’s property.
Judgment for the plaintiff.
Allen, J.,. did not sit: the others concurred.
2Cited by1 opinion
- Harrington v. BlanchardSupreme Court of New Hampshire · 1900