Baker v. Beers
Supreme Court of New Hampshire
Trover, for twelve tons of hay; tried by the court. The court found for the plaintiff, and the defendant excepted. The evidence of conversion consisted in (1) forbidding the sale by the officer at the time and place first appointed; (2) and on two or three occasions, after the execution sale, notifying the plaintiff that he must not remove the hay, and claiming that he, the defendant, bought the hay of the plaintiff with the farm.
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Trover, for twelve tons of hay; tried by the court. The court found for the plaintiff, and the defendant excepted. The evidence of conversion consisted in (1) forbidding the sale by the officer at the time and place first appointed; (2) and on two or three occasions, after the execution sale, notifying the plaintiff that he must not remove the hay, and claiming that he, the defendant, bought the hay of the plaintiff with the farm. It seems to be a complete answer to the first to say that it was no conversion, as the case shows that at a subsequent date the sale was consummated, and the…
1Opinion of the CourtSmith, J.
August 17, 1878, the plaintiff conveyed by quitclaim deed the Bosworth farm to the defendant, the deed containing no special reservation of any hay, or the right'to remove any. October 24, 1878, W. O. Bosworth and others conveyed the Bosworth farm to the defendant, not reserving any hay, or the right to remove any. On the same day, by an agreement in writing, with provisions by which Bosworth might be entitled to a deed of the farm, the defendant leased the farm to Bosworth, who was then in the occupation of it, and sold to him all his interest in the hay thereon. July 29, 1878, the plaintiff…
2Cases cited1 opinion
- Tome v. DuboisSupreme Court of the United States · 1868
3Cited by5 opinions
- Jones v. StoneSupreme Court of New Hampshire · 1917
- Broadhurst v. MorganSupreme Court of New Hampshire · 1891
- Brown v. ElaSupreme Court of New Hampshire · 1891
- Knapp v. GuyerSupreme Court of New Hampshire · 1909
- Western Union Telegraph Co. v. Franklin Construction Co.Supreme Court of New Hampshire · 1899