Gove v. Watson
Supreme Court of New Hampshire
Trover for oxen. Facts found by a referee. The declaration is in common form, and contains no allegation of special damages.
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Trover for oxen. Facts found by a referee. The declaration is in common form, and contains no allegation of special damages. June 14, 1877, the plaintiff bought the oxen of the defendant, who, as a part of the trade, agreed to pasture them without charge in a certain field until July 1. Instead of pasturing them in that field, he kept them in another field of inferior quality, and also worked them without the plaintiff’s knowledge or consent, whereby the oxen were diminished in weight and value. June 28, 1877, the plaintiff charged the defendant with having worked the oxen (which the…
1Opinion of the CourtCarpenter, J.
That the unauthorized use of the oxen by the defendant was a conversion, is not seriously controverted by the defendant, nor can it be. All those somewhat numerous cases wherein it is held that the driving of a horse, hired to go to one place, to another and a different place, is a conversion, are directly in point.
In an action of trover, the value of the property at the time of the conversion (with interest after) is in general the measure of damages. A return and acceptance of the property after conversion, whether before or after suit, go only in mitigation of damages.
Upon general…
2Cited by4 opinions
- Muzzy v. Rockingham County Trust Co.Supreme Court of New Hampshire · 1973
- Meloon v. ReadSupreme Court of New Hampshire · 1905
- Hamlin v. PhilbrookSupreme Court of New Hampshire · 1916
- Connors v. DionneSupreme Court of New Hampshire · 1932