Lang v. Stockwell
Supreme Court of New Hampshire
Teespass, de honis, to recover the value of a horse and wagon. Tried before Stanley, J. Plea, the general issue, with a brief statement justifying under an attachment.
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Teespass, de honis, to recover the value of a horse and wagon. Tried before Stanley, J. Plea, the general issue, with a brief statement justifying under an attachment. The evidence tended to show, that, prior to March 1, the horse and wagon in question wore owned by one McDuffie; that he had been engaged in the lumbering business at Jefferson, in this state, where the plaintiff then resided, and that he and his men had- boarded with the plaintiff; that, on said March 4, there was a looking-over between her and McDuffie, and that it was then agreed by and between them that he should let the…
1Concurrence
According to the case of Spear v. Richardson, 34 N.H. 428, I think the evidence of McDuffie excepted to was inadmissible. I do not see how that case can be reconciled with the case of Willis v. Quimby, 31. N.H. 485; but, as the learned judge who delivered the opinion in this case was a member of the court which decided the case of Spear v. Richardson, it must be understood that the later case in point of time is, in so far as it differs from the other, a revision of it. On this point, therefore, I think the verdict must be set aside.
In regard to the other point I find great difficulty; and it…
2Cases cited2 opinions
- Trask v. BowersSuperior Court of New Hampshire · 1828
- Spear v. RichardsonSupreme Court of New Hampshire · 1857