63 N.H. 124 | N.H. | 1884
Whether the circumstances attending the occupancy of the shop by the defendant from the fall of 1877 to the commencement of this proceeding were such as to warrant an inference that he was to pay the plaintiff for its use, is a question of fact (Bank v. Getchell,
The shop was a personal chattel (Dame v. Dame,
Nor does the amendment present any difficulty. More than six years before the date of the writ, the defendant promised to pay the plaintiff rent for the shop; but within six years he refused to fulfil his promise, claimed the shop as his property, and converted it to his use. Under these circumstances, the plaintiff was properly allowed to amend his declaration by adding a count in trover (Rutherford v. Whitcher,
Judgment for the plaintiff accordingly.
SMITH, J., did not sit: the others concurred. *126