Balcom v. McQuesten
Supreme Court of New Hampshire
Trespass, for taking, carrying away, and converting ten loads of the plaintiff’s ice from Harbor pond in Nashua. In a second count the plaintiff alleged, that for several years he has had contracts to fill an ice-house in Nashua belonging to one Swift; that in order to underbid others he purchased the ice of Harbor pond, which is the only pond in the immediate vicinity; that on the first day of December, 1886, the defendants, intending to cut ice from Harbor pond, underbid…
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Trespass, for taking, carrying away, and converting ten loads of the plaintiff’s ice from Harbor pond in Nashua. In a second count the plaintiff alleged, that for several years he has had contracts to fill an ice-house in Nashua belonging to one Swift; that in order to underbid others he purchased the ice of Harbor pond, which is the only pond in the immediate vicinity; that on the first day of December, 1886, the defendants, intending to cut ice from Harbor pond, underbid the plaintiff, and obtained the contract to fill the Swift ice-house, and afterwards cut and removed twelve hundred tons…
1Opinion of the CourtBlodgett, J.
The second and third counts in the plaintiff’s declaration stating no cause of action, the demurrer to them was rightly sustained; and as the plaintiff’s unexecuted license from Fletcher constitutes his only title to the ice cut, carried away, and converted to their own use by the defendants, no recovery can be had under the first count, for want of title. Licenses do not pass aby title until they are executed or enjoyed, and then only to the extent to which they are executed or enjoyed.
Judgment for the defendants,.
Smith, J., did not sit: the others concurred.
2Cited by1 opinion
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