Bosen v. Larrabee
| Decision Date | 02 December 1941 |
| Citation | 23 A.2d 331 |
| Parties | BOSEN v. LARRABEE. |
| Court | New Hampshire Supreme Court |
Exceptions from Superior Court, Rockingham County; Young, Judge.
Action of replevin by Lewis Bosen against Percy B. Larrabee to recover an automobile which defendant as deputy sheriff attached. There was judgment for defendant and plaintiff's bill of exceptions was allowed.
Plaintiff's exceptions sustained and judgment on the report of the referee.
Replevin, for an automobile which the defendant, a deputy sheriff, attached on August 2, 1940, as the property of Theodore Bosen, in whose name the car was registered. The case was heard by a referee, whose report was in favor of the plaintiff.
A summary of the report follows. Before making the attachment the defendant was informed by Theodore Bosen that the car belonged to the plaintiff. The defendant thereupon looked up the registration of the car and then placed the attachment. With two sources of information, he chose one and ignored the other, when he could easily have ascertained where and by whom the car was purchased. The plaintiff purchased the car on October 21, 1939, from an agency in Portsmouth, as evidenced by a bill of sale and service policy. Legal title to the car was vested in the plaintiff before and at the time of the attachment, and due diligence on the part of the defendant would have disclosed that fact to him.
The defendant's motion to set aside the report was granted and judgment ordered for the defendant "on the theory that the defendant had the right to rely on the records in the Commissioner's office and that the plaintiff is estopped by a condition, which if he did not help create he must have known existed and which he allowed to continue."
The plaintiff's bill of exceptions was allowed by Young, C. J.
Loukas Coussoule, of Portsmouth, for plaintiff.
Charles J. Griffin, of Portsmouth, for defendant.
One who permits his automobile to be registered in the name of another is not precluded, so far as any statutory prohibition is concerned, from asserting his title. The provisions of chapter 100 of the Public Laws requiring the registration of motor vehicles are regulatory measures designed to secure the efficient collection of revenue and to facilitate identification in case of accident or violation of the law. Clark v. Hampton, 83 N.H. 524, 529, 145 A. 265, 61 A.L.R. 1171; Eastman v. Herrick, 87 N.H. 58, 59, 173 A. 807. They do not purport to affect property rights. Indeed, the word "owner," as generally...
To continue reading
Request your trial
-
State v. Hoskin
...of registration plates, as the defendants recognize, are the raising of revenue and the identification of vehicles. Bosen v. Larrabee, 91 N.H. 492, 23 A.2d 331 (1941). Display of the State motto on noncommercial plates was doubtless motivated in part by a desire to perpetuate history and tr......
-
Emery v. Booth
...contained in what is now RSA ch. 260 is to provide revenue and to facilitate the identification of vehicles. See Bosen v. Larrabee, 91 N.H. 492, 23 A.2d 331 (1941). Plaintiffs allege no injury arising from difficulty in identification of the automobile. The complain of no injury causally re......
-
Cournoyer v. Allstate Ins. Co., 6884
...cases collected in Annot., 27 A.L.R.2d 167 (1953, Supps.1970, 1974); 60 C.J.S. Motor Vehicles § 119 (1969, Supp.1974); Bosen v. Larrabee, 91 N.H. 492, 23 A.2d 331 (1941); Coulombe v. Gross, 84 N.H. 212, 148 A. 582 (1930). Furthermore, the reasons given by George for putting title in her nam......
-
Jodoin v. Baroody
...prejudice on any representations of either of the defendants respecting ownership and therefore there is no estoppel. Bosen v. Larrabee, 91 N.H. 492, 23 A.2d 331; Hening Digest Vol. I, Estoppel, p. 571. The doctrine of the Harlow case does not apply to extra judicial admissions. Coughlin v.......