Nixon v. Brown
Supreme Court of New Hampshire
From Grafton Circuit Court. Trover, for a horse. The action was sent to a referee, who reported that he found the defendant not guilty, &c., and that he recover against the plaintiff his costs. He also reported the following facts, on the basis of which he held that the plaintiff could not recover.
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From Grafton Circuit Court. Trover, for a horse. The action was sent to a referee, who reported that he found the defendant not guilty, &c., and that he recover against the plaintiff his costs. He also reported the following facts, on the basis of which he held that the plaintiff could not recover. “In May, 1874, one Charles Mason, who resided in Whitefield, N. H., purchased the horse in question of one Hubbard, who resided in Dalton, N. H., for the plaintiff, who furnished, the money ($95.00) to Mason to pay for the same. Mason did not' disclose to Hubbard that he.'.was purchasing for the…
1Concurrence
The case as I understand it, finds substantially that the plaintiff permitted his agent, Mason, to have possession of the horse, with the indicia of ownership. Undoubtedly, if Mason merely having possession of the horse by the plaintiff's consent, had sold him, the maxim caveat emptor would be held to apply, and the buyer would be bound to see to it that his vendor had a good title. But such was not this case. Here, by the plaintiff's permission, Mason not only had possession of the horse, but also had a bill of sale showing that the title was in him. Mason had been enabled to get this…
2Cases cited4 opinions
- Saltus & Saltus v. EverettNew York Supreme Court · 1838
- Moore v. . Metropolitan National BankNew York Court of Appeals · 1873
- Mowrey v. WalshNew York Supreme Court · 1828
- Torrance v. . CongerNew York Court of Appeals · 1871