Jeraulds v. Brown

Supreme Court of New Hampshire

Jeraulds v. Brown

15 A. 123, 64 N.H. 606

Supreme Court of New Hampshire·Decided June 5, 1888·Published

Opinion

Blodgett, J.

The plaintiff has mistaken his remedy. To sustain trover he must prove a general or special property in the oats, and a right to their immediate custody. The facts prove neither of these requisites, but disprove both. They show a breach of contract by the defendant, and nothing else. For this breach he is amenable, and for this only. The exception is overruled, and unless the plaintiff elects to amend, there will be

Judgment for the defendant.

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

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Blodgett, J.

The plaintiff has mistaken his remedy. To sustain trover he must prove a general or special property in the oats, and a right to their immediate custody. The facts prove neither of these requisites, but disprove both. They show a breach of contract by the defendant, and nothing else. For this breach he is amenable, and for this only. The exception is overruled, and unless the plaintiff elects to amend, there will be

Judgment for the defendant.

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

Jeraulds v. Brown, 15 A. 123, 64 N.H. 606 (N.H. 1888).

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