Hamlin v. Philbrook
Supreme Court of New Hampshire
Trover, for converting a camp and its contents. Trial by jury and verdict for the plaintiffs. Transferred by Sawyer, J., from the April term, 1915, of the superior court on the defendant’s exceptions (1) to the denial of his motion for a directed verdict, (2) to the charge and (3) to statements made by the plaintiffs’ counsel in his closing argument.
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Trover, for converting a camp and its contents. Trial by jury and verdict for the plaintiffs. Transferred by Sawyer, J., from the April term, 1915, of the superior court on the defendant’s exceptions (1) to the denial of his motion for a directed verdict, (2) to the charge and (3) to statements made by the plaintiffs’ counsel in his closing argument. The plaintiffs built this camp on land belonging to Hamlin’s father and when he sold it to the defendant they continued to occupy under the following agreement made by them with the defendant: “Memorandum of agreement made and concluded the 15th…
1Opinion of the CourtYoung, J.
If the words the parties used are given their ordinary meaning, the plaintiffs were entitled to the possession of the camp until it was appraised in accordance with the terms of the agreement and until the defendant had paid or tendered them the amount of the appraisal. If, therefore, the defendant’s contention that a right to the possession of the property is necessary in order to maintain trover is sound — a question as to which no opinion is intended to be expressed — it can be found that the defendant converted the camp and its contents when he took possession of it as his property. Gove…
2Cases cited1 opinion
- Gove v. WatsonSupreme Court of New Hampshire · 1881
3Cited by1 opinion
- Williams v. Boston & Maine RailroadSupreme Court of New Hampshire · 1926