Chesley v. Clair
Superior Court of New Hampshire
THIS was an action of trover for a horse, saddle and bridle. The cause was tried here at the last term upon the general issue. The plaintiff, to maintain the issue on his part, proved that one Benjamin Hodgdon had bailed the articles mentioned in the writ, to him to ride to Dover.
Read the full summary
THIS was an action of trover for a horse, saddle and bridle. The cause was tried here at the last term upon the general issue. The plaintiff, to maintain the issue on his part, proved that one Benjamin Hodgdon had bailed the articles mentioned in the writ, to him to ride to Dover. The defendant denied that Hodgdon had any interest in the article, and introduced evidence to shew that the property was his own; Upon this the plaintiff called Hodgdon as a witness, to prove that he, Hodgdon, was the lawful owner of the property. The defendant objected to the admission of Hodgdoñ as a witness, On…
1Opinion of the CourtRichardson-, C. J.
The question is, whether in an action of trover, brought by the bailee of a chattel against a stranger, the bailor is a competent witness for the bailee to prove the general property in himself ? There is such a privity between the bailor and the bailee of chattels, that a recovery by one in an action of trespass or trover against a stranger for taking the goods, is, in general, a bar to an action by the other. (1) And a recovery by the bailee in trespass or ver against a third person operates as a transfer of the erty or chattel to such third person.(2) Solutio pretii emp-tionis loco…
2Cases cited1 opinion
- Owen v. MannSupreme Court of Connecticut · 1807
3Cited by3 opinions
- Maine Stage Co. v. LongleySupreme Judicial Court of Maine · 1837
- Bissell v. HuntingtonSuperior Court of New Hampshire · 1819
- Hartford v. JacksonSuperior Court of New Hampshire · 1840