Boudreau v. Eastman
Supreme Court of New Hampshire
Cask, for deceit in an exchange of horses. Facts found by a referee. The plaintiff had in his possession a horse belonging to> his brother, which he was authorized to dispose of as he chose. He exchanged it with the defendant for a horse belonging to one Gilman, which the defendant intended the plaintiff should suppose, and which the plaintiff did suppose, was the defendant’s. Nothing was said by either party about the ownership of either horse.
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Cask, for deceit in an exchange of horses. Facts found by a referee. The plaintiff had in his possession a horse belonging to> his brother, which he was authorized to dispose of as he chose. He exchanged it with the defendant for a horse belonging to one Gilman, which the defendant intended the plaintiff should suppose, and which the plaintiff did suppose, was the defendant’s. Nothing was said by either party about the ownership of either horse. The defendant was not authorized .to make the exchange; and the plaintiff having disposed of Gilman’s horse, Gilman brought an action of trover…
1Opinion of the CourtBingham, J.
It does not appear to be material whether the plaintiff, or his brother, the undisclosed principal and plaintiff in interest, is plaintiff'of record. The writ may be amended by substituting the brother for the plaintiff (Judge of Probate v. Jackson, 58 N. H. 458), or by an entry that the brother appears and prosecutes the action as plaintiff in interest. Folsom v. O. F. Ins. Co., 59 N. H. 54. As neither the course nor the result of the trial would have been affected by such an amendment if it had been made before the trial, it may be made now without a new trial. Roulo v. Valcour, 58 N. H.…
2Cases cited3 opinions
- Folsom v. Orient Fire Ins.Supreme Court of New Hampshire · 1879
- Roulo v. ValcourSupreme Court of New Hampshire · 1878
- Judge of Probate v. JacksonSupreme Court of New Hampshire · 1878
3Cited by9 opinions
- Bradley Real Estate Trust ex rel. Lumbermens Mutual Casualty Co. v. Plummer & Rowe Insurance Agency, Inc.Supreme Court of New Hampshire · 1992
- Owen v. WestonSupreme Court of New Hampshire · 1885
- State Ex Rel. Thorndike v. CollinsSupreme Court of New Hampshire · 1894
- Hazen v. QuimbySupreme Court of New Hampshire · 1881
- Willoughby v. HoldernessSupreme Court of New Hampshire · 1883
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