Bailey v. Colby
Supreme Court of New Hampshire
This was an action of trespass guare clausum, and for taking, driving away and converting to his own use, two steers, alleged to be the property of the plaintiff.
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This was an action of trespass guare clausum, and for taking, driving away and converting to his own use, two steers, alleged to be the property of the plaintiff. The defendants pleaded the general issue severally, and filed several brief statements, in which they set forth that the steers were the property of the defendant, L. Colby, and that he, in his own right, and the other as his servant, entered the plaintiff’s close peaceably, doing no damage, and drove away the steers. The entry of the plaintiff’s close, and taking and driving away the steers therefrom, were admitted by the…
1Opinion of the CourtBell, J.
It was held in the case of Sargent v. Gile, 8 N. H. 325, that if a bailee for hire for a limited period, sell the goods before the expiration of the term, the bailment is thereby ended, and the owner may maintain trover, if the vendee refuses to deliver them up on demand ; and it will not alter the case if the bailee had by his contract a right to purchase the goods within the term by paying a certain price. The case was carefully considered, and the numerous authorities cited fully sustain the conclusions of the court. Unless, then, it shall appear that there are exceptions to this general…
2Cases cited3 opinions
- Nash v. MosherNew York Supreme Court · 1838
- Putnam v. WyleyNew York Supreme Court · 1811
- Urquhart v. M'IverNew York Supreme Court · 1809
3Cited by1 opinion
- Rowell v. HollisSupreme Court of New Hampshire · 1882