Bowman v. Gove
Superior Court of New Hampshire
Trover. The case was submitted for the opinion of the court upon the following statement of facts. On the 24th day of February, 1837, certain personal property of the defendant was attached upon mesne process. The plaintiff, II. H. Robinson, and George P. Avery, gave a receipt to the officer for the property attached, promising therein to deliver it on demand, in as good condition as it then was, free from all expense to the officer, or to the attaching creditor.
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Trover. The case was submitted for the opinion of the court upon the following statement of facts. On the 24th day of February, 1837, certain personal property of the defendant was attached upon mesne process. The plaintiff, II. H. Robinson, and George P. Avery, gave a receipt to the officer for the property attached, promising therein to deliver it on demand, in as good condition as it then was, free from all expense to the officer, or to the attaching creditor. The property remained in the hands of the defendant. Before the commencement of this suit the plaintiff requested Robinson and…
1Opinion of the CourtGilchrist, J.
The general rule is undoubtedly well settled and understood, that where one of several part owners of a chattel sues alone, the defendant can only take advantage of the objection by plea in abatement—Addison vs. Overend, 6 T. R. 766; and this doctrine is recognized and followed in all the books. But no question of pleading arises in this case, as the defendant has not pleaded in abatement that there are others who should have been made plaintiffs. The simple question submitted to us by the case, is, whether the plaintiff' alone has any cause of action ; and this is to be determined from an…
2Cases cited2 opinions
- Kimball v. WilsonSuperior Court of New Hampshire · 1824
- Wilson v. MowerMassachusetts Supreme Judicial Court · 1809