Balcom v. McQuesten

Supreme Court of New Hampshire

Balcom v. McQuesten

17 A. 638, 65 N.H. 81

CourtSupreme Court of New Hampshire

DecidedDecember 5, 1888

StatusPublished

Cited by1 cases

This text of 17 A. 638 (Balcom v. McQuesten) is published on Counsel Stack Legal Research, covering Supreme Court of New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Balcom v. McQuesten, 17 A. 638, 65 N.H. 81 (N.H. 1888).

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Opinion

Blodgett, J.

The second and third counts in the plaintiff’s declaration stating no cause of action, the demurrer to them was rightly sustained; and as the plaintiff’s unexecuted license from Fletcher constitutes his only title to the ice cut, carried away, and converted to their own use by the defendants, no recovery can be had under the first count, for want of title. Licenses do not pass aby title until they are executed or enjoyed, and then only to the extent to which they are executed or enjoyed.

Judgment for the defendants,.

Smith, J., did not sit: the others concurred.

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Blodgett, J.

The second and third counts in the plaintiff’s declaration stating no cause of action, the demurrer to them was rightly sustained; and as the plaintiff’s unexecuted license from Fletcher constitutes his only title to the ice cut, carried away, and converted to their own use by the defendants, no recovery can be had under the first count, for want of title. Licenses do not pass aby title until they are executed or enjoyed, and then only to the extent to which they are executed or enjoyed.

Judgment for the defendants,.

Smith, J., did not sit: the others concurred.

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Bluebook (online)

17 A. 638, 65 N.H. 81, Counsel Stack Legal Research, https://law.counselstack.com/opinion/balcom-v-mcquesten-nh-1888.

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