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72 N.H. 344

56 A 750

Lamkin v. Johnson

Supreme Court of New Hampshire

Decided December 1, 1903

Supreme Court of New Hampshire · decided 1903-12-01

Tboveb, for sixteen cases of rubber boots and shoes. Trial by-jury and verdict for the plaintiffs. Transferred from the May term, 1903, of the superior court by Wallace, C. J. The plaintiffs’ evidence tended to prove the following facts: In the spring of 1901, Peter S. Laducer was keeping a shoe store-in Claremont, and the plaintiffs sold him at that time the property in controversy, to be delivered in the early fall and to be paid for December 1.

Cited by 2 later decisions — most recently February 1950

2 state decisions

Relies on Hovey v. Brown

Good law ✅— No negative treatment on recordhow we know

Decided 1903-12-01

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Bingham, J.

¶1 “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.

¶2 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was evidence from which it could be found that prior to September 4, 1901, the sale of the goods to La'ducer had been rescinded by mutual consent; that the title to the goods never vested in Mineau; that on September 4, 1901, when the *346 defendant converted them to his own use, the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.

¶3 Judgment on the verdict.

All concurred.
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