Lamkin v. Johnson

56 A. 750, 72 N.H. 344, 1903 N.H. LEXIS 80

• Court: Supreme Court of New Hampshire
• Decided: December 1, 1903
• Status: Published

Opinion

Bingham, J.

“A motion for a nonsuit will not be granted where there is any evidence upon which a jury can properly find a verdict for the party producing it, upon whom the burden of proof is imposed.” Hovey v. Brown, 59 N. H. 114, 116; Paine v. Railway, 58 N H. 611.

In this case there was evidence from which it could be found that prior to September 4, 1901, the sale of the goods to La'ducer had been rescinded by mutual consent; that the title to the goods never vested in Mineau; that on September 4, 1901, when the defendant converted them to his own use, the title and right of possession was in the plaintiffs; that the lien created by the defendant’s attachment, if valid, was abandoned; and that there was no sale of the goods by Laducer to the defendant.

Judgment on the verdict.

All concurred.