Lamkin v. Johnson
Supreme Court of New Hampshire
Tboveb, for sixteen cases of rubber boots and shoes. Trial by-jury and verdict for the plaintiffs. Transferred from the May term, 1903, of the superior court by Wallace, C. J. The plaintiffs’ evidence tended to prove the following facts: In the spring of 1901, Peter S. Laducer was keeping a shoe store-in Claremont, and the plaintiffs sold him at that time the property in controversy, to be delivered in the early fall and to be paid for December 1. In June, Laducer sold his…
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Tboveb, for sixteen cases of rubber boots and shoes. Trial by-jury and verdict for the plaintiffs. Transferred from the May term, 1903, of the superior court by Wallace, C. J. The plaintiffs’ evidence tended to prove the following facts: In the spring of 1901, Peter S. Laducer was keeping a shoe store-in Claremont, and the plaintiffs sold him at that time the property in controversy, to be delivered in the early fall and to be paid for December 1. In June, Laducer sold his business to one Mineau. After Mineau became the owner, Laducer told him of the order he had given, and the understanding…
1Opinion of the CourtBingham, J.
“A motion for a nonsuit will not be granted where there is any evidence upon which a jury can properly find a verdict for the party producing it, upon whom the burden of proof is imposed.” Hovey v. Brown, 59 N. H. 114, 116; Paine v. Railway, 58 N H. 611.
In this case there was evidence from which it could be found that prior to September 4, 1901, the sale of the goods to La'ducer had been rescinded by mutual consent; that the title to the goods never vested in Mineau; that on September 4, 1901, when the defendant converted them to his own use, the title and right of possession was in the…
2Cases cited2 opinions
- Paine v. Grand Trunk Railway of CanadaSupreme Court of New Hampshire · 1879
- Hovey v. BrownSupreme Court of New Hampshire · 1879
3Cited by1 opinion
- Stabrow v. StabrowSupreme Court of New Hampshire · 1949