Cheshire Railroad v. Foster
Supreme Court of New Hampshire
Trover, by Cheshire Railroad Co. against Francis Foster, for sixty-sis hides. Writ dated September 11, 1868. it appeared that, in the latter part of December, 1867, a lot of sixty-six hides, forwarded from Burlington, Yt., were received at the Keene station, consigned to Geo. B. Rawson.
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Trover, by Cheshire Railroad Co. against Francis Foster, for sixty-sis hides. Writ dated September 11, 1868. it appeared that, in the latter part of December, 1867, a lot of sixty-six hides, forwarded from Burlington, Yt., were received at the Keene station, consigned to Geo. B. Rawson. The plaintiffs’ evidence tended to show, that, on January 13,1868, the plaintiffs, erroneously supposing the Rawson hides to be consigned to the defendant, requested the defendant to remove them, and that the defendant’s servants accordingly removed them to the defendant’s tannery, together with other hides…
1Opinion of the CourtLadd, J.
The verdict, under the instructions given to the jury, settles the fact that there was an actual conversion of the hides by the defendant to his own use, after notice from the plaintiffs that there was a claim to them set up in behalf of another party. It was not necessary to show fraud or a wrongful intent on his part; and it makes no difference that, at the time of the conversion, he believed the property to be his own. 1 Ch. Pl. 154; Com. Dig., Action upon the Case upon Trover (D); Hartop v. Hoare, Sh. 1187; Gilmore v. Newton, 9 Allen 171; Stanley v. Gaylord, 1 Cush. 546; Everett v.…
2Cases cited3 opinions
- Boyce v. . BrockwayNew York Court of Appeals · 1865
- Everett v. CoffinNew York Supreme Court · 1831
- Pratt v. BryantSupreme Court of Vermont · 1848