Page v. Carpenter
Superior Court of New Hampshire
Thover, for 138 nests of wooden tubs, alleged to have been converted by the defendant August 17, 1837, which is the date of the plaintiff’s writ.
Read the full summary
Thover, for 138 nests of wooden tubs, alleged to have been converted by the defendant August 17, 1837, which is the date of the plaintiff’s writ. It appeared in evidence, that on the 30th of December, 1836, the plaintiff purchased of Derby & Howe, who were then partners in the manufacture of tubs, in Hinsdale, 150 nests of tubs, six in a nest, for the sum of $525, which was paid partly by notes the plaintiff then held against Derby &, Howe, partly in cash and other property, and for the remainder he gave his note, which he paid within two or three weeks afterwards. The plaintiff purchased the…
1Opinion of the CourtParker, C. J.
By the contract of the 30th December, 1836, the property in the tubs passed to the plaintiff, as between the parties to that contract, and the plaintiff might well have held them against Derby & Howe. There was a formal delivery of the tubs then in the barn. The plaintiff had the right to take possession of the whole. If there were less than one hundred and fifty nests, as the evidence seems now to show, he had a right to hold and dispose of the whole. Had there been more, he might have selected that number in a reasonable time, and would have been bound to return the surplus to Derby & Howe.…
2Cases cited6 opinions
- Crane v. FrenchNew York Supreme Court · 1828
- Coburn v. PickeringSuperior Court of New Hampshire · 1826
- Morrison v. BlodgettSuperior Court of New Hampshire · 1836
- Trask v. BowersSuperior Court of New Hampshire · 1828
- Gibson v. StevensSuperior Court of New Hampshire · 1834
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Corning v. RecordsSupreme Court of New Hampshire · 1898
- Newman v. BeanSuperior Court of New Hampshire · 1850
- Dow v. SaywardSuperior Court of New Hampshire · 1841
- Hill v. WigginSuperior Court of New Hampshire · 1855