59 N.H. 237
Supreme Court of New Hampshire
Decided June 5, 1879
Supreme Court of New Hampshire · decided 1879-06-05
Replevin, for four oxen. The plaintiff claimed that he purchased the oxen of one Rogers, and let one Callahan take them. The defendant claimed that he bought them of Callahan. Subject to the plaintiff’s exception, the court instructed the jury that if Rogers understood he was selling to Callahan, the plaintiff could not recover.
Good law ✅— No negative treatment on recordhow we know
Decided 1879-06-05
Cited by 6 later decisions — most recently November 1932
6 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1 If the plaintiff acquired a title from Rogers, he can recover, even though Rogers did not know he was the purchaser. If Callahan purchased the oxen as agent, the title vested in the plaintiff, although Callahan did not disclose his agency, and Rogers supposed he bought them for himself.
¶2 Verdict set aside.