Hovey v. Grant
Supreme Court of New Hampshire
This is a review of an action of trover, for the fraudulent conversion of twenty-two barrels of liquors, of the alleged value of $2,424.82, tried before Rand, J. The plaintiffs claim, among other things, that the defendant, when he bargained for these liquors, had no intention of paying for them.
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This is a review of an action of trover, for the fraudulent conversion of twenty-two barrels of liquors, of the alleged value of $2,424.82, tried before Rand, J. The plaintiffs claim, among other things, that the defendant, when he bargained for these liquors, had no intention of paying for them. The defendant denied this, and stated, upon cross-examination, as did his counsel in his opening, that he did intend to pay for them, and had always been willing to pay what the goods were reasonably worth, — but that he was not liable in this suit; that the goods were of an inferior quality, and had…
1Opinion of the Court
Evidence — Intention. The question was as to the intention of the defendant at the time he bargained for the liquors. He testified that he then intended to pay for them, and on cross-examination the statement was drawn from him that he had always been willing to pay for them what they were reasonably worth. It was to contradict him in this statement that the plaintiff proposed to ask him about the interview with Cassidy, which took place after the commencement of this suit. Whether that question should have been allowed depends upon whether or not the statement of his willingness to pay, made…
2Cases cited3 opinions
- Bell v. WoodwardSupreme Court of New Hampshire · 1867
- Roberts v. CrawfordSupreme Court of New Hampshire · 1874
- Brown v. Grand Trunk RailwaySupreme Court of New Hampshire · 1874