Fuller v. Bean
Supreme Court of New Hampshire
Trespass de bonis asportatis. Plea, the general issue, with a brief statement, that the defendant, being a deputy sheriff, &c., took the goods as the property of one D. G. Fuller, on a writ against him in favor of John Felton, and that the goods were, at the time of taking, the property of said D. G. Fuller.
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Trespass de bonis asportatis. Plea, the general issue, with a brief statement, that the defendant, being a deputy sheriff, &c., took the goods as the property of one D. G. Fuller, on a writ against him in favor of John Felton, and that the goods were, at the time of taking, the property of said D. G. Fuller. To prove that Felton was a creditor of D. G. Fuller, the defendant introduced a copy of the judgment in Felton v. Fuller, in the suit in which the goods were attached, and the note on which it was founded. This note the plaintiff contended was void, having been given by said D. Gr. Fuller…
1Opinion of the Court
Bell, J.*
The court charged the jury that if they believed the testimony of Fuller, they would find that the sale took place at Concord, and was made to Fuller. The question then is, whether Fuller’s testimony, if credited, proved a sale complete from Felton to him at Concord, so that the property of the goods then passed. If so, the charge was right; but if the testimony only tends to prove such sale, as a matter of inference from facts and circumstances to be weighed by the jury, and in relation to which different persons might reasonably arrive at different results, the evidence should have…
2Cases cited11 opinions
- Hussey v. ThorntonMassachusetts Supreme Judicial Court · 1808
- Lupin v. MarieCourt for the Trial of Impeachments and Correction of Errors · 1830
- FurnissCourt for the Trial of Impeachments and Correction of Errors · 1831
- Outwater v. DodgeNew York Supreme Court · 1827
- Palmer v. HandNew York Supreme Court · 1816
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