Boynton v. Emerson
Superior Court of New Hampshire
This was an action of trover, for the conversion of two four-year old oxen, two cows, and one steer. The defendant pleaded not guilty. The evidence of the property in the plaintiff, and conversion by the defendant, was, in substance, as follows: — The plaintiff held a note against one Peter Wright, of Stoddard, for the payment of a certain sum, by a certain day, in neat cattle, to be delivered at a certain place in Stoddard, and to be appraised by indifferent men.
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This was an action of trover, for the conversion of two four-year old oxen, two cows, and one steer. The defendant pleaded not guilty. The evidence of the property in the plaintiff, and conversion by the defendant, was, in substance, as follows: — The plaintiff held a note against one Peter Wright, of Stoddard, for the payment of a certain sum, by a certain day, in neat cattle, to be delivered at a certain place in Stoddard, and to be appraised by indifferent men. At the time and place mentioned in the note, the creditor did not appear.. The debtor produced the cattle; they were appraised…
1Opinion of the Court
The Count
instructed the jury to find for the defendant, which they did.1
One of the Court only was with the defendant on the second point.
Boynton v. Emerson is cited with approval in the well-known case of Weld v. Hadley, 1818, 1 N. H. 295, 328. That case goes farther than Boynton v. Emerson; for the defendant there was the debtor himself, who had successfully pleaded the tender in a suit on the contract.
Weld v. Hadley has been disapproved of by prominent text-writers. 2 Kent, Com. 509; 2 Pars. Cont. 5th ed. 654, n. w; 2 Chit. Cont. 11th Am. ed. 1210, 1211.
There are also numerous expressions…
2Cases cited13 opinions
- Lamb v. LathropNew York Supreme Court · 1834
- Des Arts v. . LeggettNew York Court of Appeals · 1858
- Sheldon v. SkinnerNew York Supreme Court · 1830
- Curtiss v. GreenbanksSupreme Court of Vermont · 1852
- Smith v. LoomisSupreme Court of Connecticut · 1828
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