Bartlett v. Hoyt
Superior Court of New Hampshire
Trover for ten bundles of pressed hay. Plea, the general issue. Upon the trial it was proved by the plaintiff that the hay in question was cut and stored on the farm in Durham, owned by the town, in the summer of 1851; that the plaintiff agreed with the town while the hay was so stored, and before it was pressed, to purchase it, delivered in pressed bundles, at the depot of the Boston and Maine Railroad, in Durham, at the price of $>9,50 per ton, the weight to be.…
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Trover for ten bundles of pressed hay. Plea, the general issue. Upon the trial it was proved by the plaintiff that the hay in question was cut and stored on the farm in Durham, owned by the town, in the summer of 1851; that the plaintiff agreed with the town while the hay was so stored, and before it was pressed, to purchase it, delivered in pressed bundles, at the depot of the Boston and Maine Railroad, in Durham, at the price of $>9,50 per ton, the weight to be. ascertained after it was pressed ; that the town agreed so to deliver the hay when pressed, and it was there pressed and delivered…
1Opinion of the CourtGilchrist, C. J.
When property is sold in violation of a prohibitory law, “ the contract is void, so far as it is attempted to be made the foundation of legal proceedings. The law will not interfere to assist the vendor to recover the price. The contract is void for any such purpose. It will not sustain an action by the vendor upon any warranty or fraud in the sale. It is void in that respect. The principle shows that the law will not aid the vendor to recover the possession of the property, if he have parted with it. The vendee has the possession as of his own property, by the assent of the vendor, and the…
2Cases cited3 opinions
- Pinkham v. GearSuperior Court of New Hampshire · 1826
- Jones v. SinclairSuperior Court of New Hampshire · 1820
- Smith v. BeanSuperior Court of New Hampshire · 1844