Goddard v. Perkins
Superior Court of New Hampshire
This was an action of trover, for 1000 yards of calico, and 100.000 of white pine shingles, and was commenced by writ returnable at the January term of the court of common pleas, A. D., 1837. At that term the plaintiff had leave to amend ; and in December following, the plaintiff’s counsel delivered to the defendant’s counsel the new, or amended count.
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This was an action of trover, for 1000 yards of calico, and 100.000 of white pine shingles, and was commenced by writ returnable at the January term of the court of common pleas, A. D., 1837. At that term the plaintiff had leave to amend ; and in December following, the plaintiff’s counsel delivered to the defendant’s counsel the new, or amended count. No notice of objection to the amendment was given to the plaintiff or his counsel, till August term, 1838 ; nor was any motion made to the court upon the subject, till just as the case was coming on for trial at the sittings in October, 183S.…
1Opinion of the CourtWilcox, J.
The action of trover is founded upon a property in the plaintiff, either general or special, and a right of possession. The articles in question in this case were not the property of the plaintiff. The general property was in Chick, the debtor. The defendant by the attachment acquired a special property in the goods; and, as the law is held in this state, he gave a similar special property to his bailor, the receiptor, who became responsible for the safe custody of the goods. But the plaintiff had no right to the goods. His right was, in case he recovered judgment, to have the property sold…
2Cited by3 opinions
- Kittredge v. WarrenSuperior Court of New Hampshire · 1844
- Stevenson v. MudgettSuperior Court of New Hampshire · 1839
- Merrill v. RussellSuperior Court of New Hampshire · 1841