Legal Opinion

Evans v. Mason

Supreme Court of New Hampshire

Decided June 5, 1886PublishedCited by 9 opinions

Trover, for a horse and harness. The plaintiff’s evidence tended to prove that the defendant, a minor, hired the plaintiff’s horse, wagon, and harness to carry a woman from Swanzey to a certain house in Keene, and then to return directly back to Swanzey without stopping; that he carried tbe woman to the place named, drove thence on the direct route towards Swanzey to a stable, where he waited half an hour for a friend, upon whose arrival he ordered the horse to be fed, and…

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Trover, for a horse and harness. The plaintiff’s evidence tended to prove that the defendant, a minor, hired the plaintiff’s horse, wagon, and harness to carry a woman from Swanzey to a certain house in Keene, and then to return directly back to Swanzey without stopping; that he carried tbe woman to the place named, drove thence on the direct route towards Swanzey to a stable, where he waited half an hour for a friend, upon whose arrival he ordered the horse to be fed, and went with his friend to the depot; that in a few minutes the stable took fire, and the horse and harness were burned. The…

1Opinion of the CourtCarpenter, J.

To constitute a conversion of chattels there must be some exercise of dominion over the property in repudiation of, or inconsistent with, the owner’s rights. Heald v. Carey, 11 C. B. 977; Cooley Torts 448; Hyde v. Noble, 13 N. H. 499; Johnson v. Farr, 60 N. H. 426. It is not every wrongful inter- meddling with, asportation, or detention of another’s goods that amounts to a conversion. Acts which of themselves imply an assertion of title to, or a right of dominion over, another’s property, as a sale, letting, or destruction of it, may be a conversion, although the defendant has honestly…

2Cases cited1 opinion

  1. Spooner v. ManchesterMassachusetts Supreme Judicial Court · 1882

3Cited by9 opinions

  1. Aetna Life Insurance v. ChandlerSupreme Court of New Hampshire · 1937
  2. Vissenberg v. BresnahenWyoming Supreme Court · 1949
  3. Bowe v. PalmerUtah Supreme Court · 1909
  4. Jones v. StoneSupreme Court of New Hampshire · 1917
  5. Doolittle v. ShawSupreme Court of Iowa · 1894

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