Ham v. Sanborn

Supreme Court of New Hampshire

Ham v. Sanborn

40 A. 395, 68 N.H. 19

DecidedJune 5, 1894

StatusPublished

This text of 40 A. 395 (Ham v. Sanborn) 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

Ham v. Sanborn, 40 A. 395, 68 N.H. 19 (N.H. 1894).

Pincite

Opinion

Wallace, J.

To enable the plaintiff to maintain her action, no tender of the spurious stones was necessary. They came to her possession by tbe defendant’s consent, and she was under no obligation to return them until they were demanded. Tbe delivery of tbe false stones was, in substance, a refusal to deliver tbe genuine ones. But to avoid further controversy, the plaintiff may deposit them with tbe clerk for delivery to the defendant when she calls for them. When this deposit is made, there will' be

Judgment for the plaintiff ..

Blodgett, J., did not sit: tbe others concurred.

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Wallace, J.

To enable the plaintiff to maintain her action, no tender of the spurious stones was necessary. They came to her possession by tbe defendant’s consent, and she was under no obligation to return them until they were demanded. Tbe delivery of tbe false stones was, in substance, a refusal to deliver tbe genuine ones. But to avoid further controversy, the plaintiff may deposit them with tbe clerk for delivery to the defendant when she calls for them. When this deposit is made, there will' be

Judgment for the plaintiff ..

Blodgett, J., did not sit: tbe others concurred.

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Bluebook (online)

40 A. 395, 68 N.H. 19, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ham-v-sanborn-nh-1894.