Vaughan v. Morrison
Supreme Court of New Hampshire
ThoveR, against the defendant, to recover for the conversion of the goods and fixtures in a saloon, and for a billiard table.
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ThoveR, against the defendant, to recover for the conversion of the goods and fixtures in a saloon, and for a billiard table. The defendant pleaded the general issue, and filed a brief statement, of which the following is a copy: The plaintiff will take notice, that, upon the trial of this action, the defendant will rely upon the following defences: That on the eighth day of May, 1867, one John G. Butler caused two suits to be commenced in the supreme judicial court for Belknap county, against said Whipple as defendant and said Morrison as trustee, one of said suits being in the name of…
1Concurrence
Three principal questions arise in this case: — 1. Could the verdict and judgment alleged in the brief statement be pleaded in bar to the plaintiff's action, supposing that the parties were the same? 2. Are the parties so far the same, i. e., is there such a privity between the plaintiffs, in the suit against Morrison as trustee and this plaintiff, as would cause the matter, which would be a bar against those plaintiffs, to be also a bar in this suit? 3. If the verdict and judgment in the suit against the defendant as trustee cannot be pleaded in bar in this suit can the agreement alleged in…
2Cases cited9 opinions
- King v. ChaseSuperior Court of New Hampshire · 1844
- Town of Alton v. Town of GilmantonSuperior Court of New Hampshire · 1823
- Fernald v. LaddSuperior Court of New Hampshire · 1828
- Groves v. BrownMassachusetts Supreme Judicial Court · 1814
- Ingraham v. OlcockSuperior Court of New Hampshire · 1843
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