Burrill v. West
Superior Court of New Hampshire
In an action of assumpsit by A. against B. on a promise by B. to save A. harm* less for selling, as a constable, a horse upon an execution in invor of B. against C. againstall persons having a belter claim to the horse sitan C the record of judgment against A. in favor of D. in an action of trespass for taking and selling the horse, of' which anion B had no notice, was held not to be evidence, that &. hada better title to the hone than C. This was an action of assumpsit.,…
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In an action of assumpsit by A. against B. on a promise by B. to save A. harm* less for selling, as a constable, a horse upon an execution in invor of B. against C. againstall persons having a belter claim to the horse sitan C the record of judgment against A. in favor of D. in an action of trespass for taking and selling the horse, of' which anion B had no notice, was held not to be evidence, that &. hada better title to the hone than C. This was an action of assumpsit., founded upon a promise of the defendant to the plaintiff, who was a constable, to indemnify and save him harmless from all…
1Opinion of the CourtRichardson, C. J.
delivered the opinion.of the court.
This is an action of assumpsit, founded upon a promise made by the defendant, to indemnify the plaintiff, a constable, for making sale of a chattel upon a writ of execution, in favor of the defendant against one W. Wtsl. The amount of the defendant’s undertaking, was to save the plaintiff harmless from the claims of all persons having a better title • to the chattel, then the title of W. West, the debtor. It was then incumbent upon the plaintiff, in order to maintain this action, to shew not'only that he had been subjected to the payment of damages, by…
2Cited by3 opinions
- Gookin v. SanbornSuperior Court of New Hampshire · 1826
- Lawrence v. HaynesSuperior Court of New Hampshire · 1829
- Chamberlain v. CarlisleSuperior Court of New Hampshire · 1853