Kendall v. Fitts
Superior Court of New Hampshire
Replevin, for a two-borse wagon. The defendant pleaded that, at the time when the taking is alleged, the property of the wagon was in one Nathaniel R. West. The plaintiff replied that the wagon was his property ; and on this issue was joined. The defendant being a deputy sheriff, attached the property as the property of West, on a writ in favor of R. Kittredge, a creditor of West.
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Replevin, for a two-borse wagon. The defendant pleaded that, at the time when the taking is alleged, the property of the wagon was in one Nathaniel R. West. The plaintiff replied that the wagon was his property ; and on this issue was joined. The defendant being a deputy sheriff, attached the property as the property of West, on a writ in favor of R. Kittredge, a creditor of West. The plaintiff introduced evidence tending to prove that West built the wagon, and, for his own accommodation, put it into the barn of George M. West, his brother, by his permission, George having no care or custody…
1Opinion of the Court
Eastman J.
It will be perceived, on the reading of this case, that three questions are presented for consideration.
The first relates to the instructions of the Court to the jury in regard to the sale and delivery of the wagon from West to Kendall; the second to the admissibility of Greenough as a witness, he being one of the sureties on the replevin bond; and the third, to the form and validity of the verdict.
The first question is one frequently arising on the trial of cases, and presents' no little difficulty in its determination.
It is well settled, that fraud in the sale and conveyance…
2Cases cited12 opinions
- Reade v. LivingstonNew York Court of Chancery · 1818
- Coburn v. PickeringSuperior Court of New Hampshire · 1826
- Smith v. LowellSuperior Court of New Hampshire · 1832
- McConihe v. SawyerSuperior Court of New Hampshire · 1841
- Trask v. BowersSuperior Court of New Hampshire · 1828
7 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Briggs v. WiswellSupreme Court of New Hampshire · 1876