Walker v. Sawyer
Superior Court of New Hampshire
Trespass, for cutting in pieces, and carrying away, a pine tree of the plaintiff. The writ was dated the 25th of December, 1840. The plaintiff offered Darius Nichols as a witness ; to whom the defendant objected, that he was a joint owner with the plaintiff of certain timber of which the plaintiff alleged this tree to be a part, and therefore incompetent.
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Trespass, for cutting in pieces, and carrying away, a pine tree of the plaintiff. The writ was dated the 25th of December, 1840. The plaintiff offered Darius Nichols as a witness ; to whom the defendant objected, that he was a joint owner with the plaintiff of certain timber of which the plaintiff alleged this tree to be a part, and therefore incompetent. Upon examination by the defendant, Nichols testified that in the spring of the year 1840 he was jointly interested with the plaintiff in the purchase of a quantity of timber, — that he did not know that the plaintiff had any other timber…
1Opinion of the CourtParker, C. J.
The case before us does not show the time of the conversion, nor does it appear to be material. If Nichols had sold his interest in all the timber, as he testified, he had no interest in the suit, whether the sale was before or after the time when the defendant took the tree. If the conversion were before the sale of his interest, he at the time had cause of action, and perhaps should have been joined in the action, although the recovery after the sale would be for the benefit of the plaintiff. But the objection is not that he ought to have been joined, but that he is interested in the…
2Cases cited2 opinions
- McMasters v. Westchester County Mutual InsuranceNew York Supreme Court · 1841
- Hamblett v. HamblettSuperior Court of New Hampshire · 1833
3Cited by6 opinions
- Caldwell v. YeatmanSupreme Court of New Hampshire · 1940
- Bunnell v. LucasSupreme Court of New Hampshire · 1985
- Allen, Cummings & Co. v. AldrichSuperior Court of New Hampshire · 1854
- Willard v. StevensSuperior Court of New Hampshire · 1851
- Tyler v. FlandersSupreme Court of New Hampshire · 1876
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