Clark v. Carlton

Superior Court of New Hampshire

Clark v. Carlton

1 N.H. 110

Superior Court of New Hampshire·Decided November 15, 1817·Published·Cited by 3 cases

Opinion

Per curiam.

The plaintiff, at the time the horse was taken, had neither possession, nor the right of possession; an action of trespass, therefore, which is founded on possession, is not maintainable on the facts of this case. The plaintiff’s remedy was by an action of trover founded on his property in the horse. 4 D. & E. 489, Ward. vs. Macauly & al. — 8 Johnson 432, Putnam vs. Wyley.

Judgment for the defendant.

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Per curiam.

The plaintiff, at the time the horse was taken, had neither possession, nor the right of possession; an action of trespass, therefore, which is founded on possession, is not maintainable on the facts of this case. The plaintiff’s remedy was by an action of trover founded on his property in the horse. 4 D. & E. 489, Ward. vs. Macauly & al. — 8 Johnson 432, Putnam vs. Wyley.

Judgment for the defendant.

Clark v. Carlton, 1 N.H. 110 (N.H. Super. Ct. 1817).

Pincite

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Opinion

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