Lothrop v. Locke
Supreme Court of New Hampshire
Replevin, for a piano. The declaration alleged that the defendant unlawfully took the piano. Plea, non cepit, with a brief statement that the piano was the property of one M. The evidence tended to show that M., who was the defendant’s daughter, hired the piano of the plaintiffs, and had possession of it during several years.
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Replevin, for a piano. The declaration alleged that the defendant unlawfully took the piano. Plea, non cepit, with a brief statement that the piano was the property of one M. The evidence tended to show that M., who was the defendant’s daughter, hired the piano of the plaintiffs, and had possession of it during several years. She paid $50 as rent, and for the same purpose gave the plaintiffs a note which her father had given her, upon which the plaintiffs have received $35. Before the commencement of this action the plaintiffs demanded the piano. The defendant moved for a nonsuit, which the…
1Opinion of the CourtSmith, J.
The plea of non cepit put in issue the unlawful taking only. Carter v. Piper, 57 N. H. 217. The piano came rightfully into the possession of the defendant’s daughter by a lease from the plaintiffs. It does not appear what the terms of the lease were, nór whether it had expired, nor whether she had forfeited her right to the possession of the piano by failure to comply with its terms. The general property in the piano remained in the plaintiffs, and as between them and the defendant he had no right to the possession. It does not appear that he ever had the possession of the instrument, or had…
2Cases cited1 opinion
- Carter v. PiperSupreme Court of New Hampshire · 1876