Vaughan v. Morrison
Supreme Court of New Hampshire
ThoveR, against the defendant, to recover for the conversion of the goods and fixtures in a saloon, and for a billiard table.
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ThoveR, against the defendant, to recover for the conversion of the goods and fixtures in a saloon, and for a billiard table. The defendant pleaded the general issue, and filed a brief statement, of which the following is a copy: The plaintiff will take notice, that, upon the trial of this action, the defendant will rely upon the following defences: That on the eighth day of May, 1867, one John G. Butler caused two suits to be commenced in the supreme judicial court for Belknap county, against said Whipple as defendant and said Morrison as trustee, one of said suits being in the name of…
1Opinion of the Court
Pleading — Effect of judgment discharging trustee in action by administrator of the defendant. It seems to me clear, that the judgment in favor or this defendant in the trustee suit cannot be a bar to the maintenance of the present action, for two reasons, — the parties are not the same, and the issue is not the same.
I do not find it alleged in the brief statement that Butler Co. have remained the owners of the notes given January 29, 1867. It is said that the defendant believes such to be the case, which is hardly a material or traversable allegation. Suppose however, the fact of such…
2Cited by3 opinions
- Pegues v. MossCourt of Appeals of Texas · 1940
- Trainor v. HeathSupreme Court of New Hampshire · 1892
- Piper v. Boston & Maine RailroadSupreme Court of New Hampshire · 1909