Doolittle v. Lyman
Supreme Court of New Hampshire
Trover, for the alleged conversion of a horse on the 11th day of February, 1861. Both parties claimed under one Entwistle; the defendants, Edward E. Lyman and Norris G. Guernsey, by virtue of a mortgage, and the plaintiff, Franklin Y. Doolittle, by an exchange of horses made after the date of the mortgage. The defendants caused the horse to be sold at auction, claiming under their mortgage.
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Trover, for the alleged conversion of a horse on the 11th day of February, 1861. Both parties claimed under one Entwistle; the defendants, Edward E. Lyman and Norris G. Guernsey, by virtue of a mortgage, and the plaintiff, Franklin Y. Doolittle, by an exchange of horses made after the date of the mortgage. The defendants caused the horse to be sold at auction, claiming under their mortgage. The plaintiff had been in possession of the horse from the time of the exchange until he was taken by the defendant’s agent and sold. The evidence of the defendants tended to show, that before the…
1Opinion of the CourtBartlett, J.
If it appeared that the defendants’ note was given in part for intoxicating liquor sold by them in this State since the act of 1855 took effect, it was incumbent on them to show that they were legally authorized to make the sale, in order to establish the validit}' of the note. Bliss v. Brainard, 41 N. H. 256. If the defendants claimed that Barnard’s note, being given for intoxicating liquor sold in Massachusetts, was founded upon an illegal consideration, they should have proved the law of Massachusetts which they claimed rendered the sale illegal, if the inquiry became material. Ferguson v.…
2Cases cited6 opinions
- Sands v. CodwiseCourt for the Trial of Impeachments and Correction of Errors · 1808
- Gibson v. LoveSupreme Court of Florida · 1851
- Foster v. SimmonsU.S. Circuit Court for the District of District of Columbia · 1806
- Kimball v. HutchinsSupreme Court of Connecticut · 1820
- Andrews v. MarshallSupreme Judicial Court of Maine · 1860
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Clark v. TarbellSupreme Court of New Hampshire · 1876