Moses v. Norris
Superior Court of New Hampshire
TRoveR for 192 bars of iron, alleged to have been converted by the defendant to his own use on the 12th January, 1825. The cause was tried here upon the general issue at February term, 1827, when it appeared in evidence, that the defendant received the bars of iron at Portsmouth, for the purpose of transporting them for the plaintiffs, from that place to Exeter ; that while the defendant was on the road between those two places in the act of transporting the iron, his sled…
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TRoveR for 192 bars of iron, alleged to have been converted by the defendant to his own use on the 12th January, 1825. The cause was tried here upon the general issue at February term, 1827, when it appeared in evidence, that the defendant received the bars of iron at Portsmouth, for the purpose of transporting them for the plaintiffs, from that place to Exeter ; that while the defendant was on the road between those two places in the act of transporting the iron, his sled broke down and the iron was left in the highway during a night, and that when the defendant arrived at Exeter with the…
1Opinion of the CourtRichardson, C. J.
The facts in this case are not so fully stated as to present the real question which is to be decided, so plainly and distinctly as could be wished.
In the first place, it is not mentioned, whether the defendant was a carrier for hire, or not. We are inclined however to think, that it must be presumed from the facts stated, that he was a carrier for hire. In the next place, it is not stated how the bars came to be missing, and we are left to conjecture that they were lost while lying in the road during the night. It is however clear, *306that they cannot he presumed to be missing through the fraud…
2Cases cited2 opinions
- Kemp v. CoughtryNew York Supreme Court · 1814
- Colt v. M'MechenNew York Supreme Court · 1810
3Cited by1 opinion
- Shelden v. RobinsonSuperior Court of New Hampshire · 1834