Clark v. Tarbell
Supreme Court of New Hampshire
From Hillsborough Circuit Court. Assumpsit, on a sheriff’s receipt, by Moses Clark against Joel H. Tarbell and John H. Tripp.
Read the full summary
From Hillsborough Circuit Court. Assumpsit, on a sheriff’s receipt, by Moses Clark against Joel H. Tarbell and John H. Tripp. Plea, the general issue, with a brief statement, setting out, among other grounds of defence, that the property at the time it wras attached by the plaintiff was subject to a mortgage to one Levi Keese, and to another mortgage to Levi Keese, one Abel E. Conant, and the defendant, Tripp; and that the defendants, after receipting for the property, restored it to the mortgagees with the consent of Jacob D. Putnam, the mortgagor and defendant in the original suits. The…
1Concurrence
The property which is the subject-matter of this suit was attached as the property of Putnam in several suits by the present plaintiff. The defendants were receiptors, and, not having delivered the property to the officer when demanded, this action is brought against them to recover the value of the attached property. Their defence is put upon the ground, substantially, that the property was by them delivered to persons having a paramount title. They say that the property attached was held, a part of it by Levi Keese by virtue of a mortgage, and a part of it by Levi Keese, the defendant…
2Cases cited2 opinions
- Tucker v. TiltonSupreme Court of New Hampshire · 1875
- Doolittle v. LymanSupreme Court of New Hampshire · 1860