Roberts v. Crawford
Supreme Court of New Hampshire
Trover, by Moses Roberts against E. A. Crawford, for fifteen tons of hay. The plaintiff’s title was a mortgage from one Jared Gray, dated July 17, 1871. The defendant claimed title by virtue of a purchase from Gray, to which the plaintiff assented, though no written consent was indorsed on the mortgage and record.
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Trover, by Moses Roberts against E. A. Crawford, for fifteen tons of hay. The plaintiff’s title was a mortgage from one Jared Gray, dated July 17, 1871. The defendant claimed title by virtue of a purchase from Gray, to which the plaintiff assented, though no written consent was indorsed on the mortgage and record. At the time of the purchase the hay was in Gray’s barn, and it appeared that the defendant pressed and moved out into the yard some four or five tons of it before having any conference with .the plaintiff. After the first day’s work pressing the hay, and before any of it had been…
1Opinion of the CourtSargent, C. J.
Wheix the plaintiff, at the close of the fix’st day’s work pressing hay, had an interview with Gray, the mortgagor of the hay, and the defendant who had bargained for it, and, as the jury have found, assented to the sale by the mortgagor to the defendaxxt, and agreed to receive the pi’ice which the defendant was to pay Gray for it, that would be a waiver of any wrongful act which the defendant might have performed in pressing the hay. He assented to the sale which Gray had xnade of the hay, and this consent would x-elate back and be a ratification of Gray’s acts from the beginning. It is not…
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- Hovey v. GrantSupreme Court of New Hampshire · 1875