Perkins v. Towle
Supreme Court of New Hampshire
This was a review of an action of trespass, for breaking and entering the house of the plaintiff, situated in Barnstead, in this county, and tearing off the outer boards and covering of the same, demolishing the inside partition, doors, plastering, chimneys, &c., on the night of the 7th of October, 1858. The defendants, eight in number, confessed'as damages, $40, and pleaded the general issue'as to the residue.
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This was a review of an action of trespass, for breaking and entering the house of the plaintiff, situated in Barnstead, in this county, and tearing off the outer boards and covering of the same, demolishing the inside partition, doors, plastering, chimneys, &c., on the night of the 7th of October, 1858. The defendants, eight in number, confessed'as damages, $40, and pleaded the general issue'as to the residue. The plaintiff claimed that the actual damages exceeded this sum, and also claimed exemplary damages. To show that the trespass was not malicious, and to rebut the claim of exemplary…
1Opinion of the CourtSargent, J.
There were several other questions raised upon the trial in this case, beside those above stated, but it is not deemed of consequence to report them.
That this house of the plaintiff was occupied by improper persons, and that it was visited by improper persons and at improper times, and for improper purposes, might have been proper evidence upon which to have obtained an indictment against the owner or the *222occupants. But it is not claimed as justification of the defendants’ acts, and if no justification it is no excuse.
These defendants knew that they went in violation of law, and in direct…
2Cases cited6 opinions
- Avery v. RayMassachusetts Supreme Judicial Court · 1804
- Treat v. BarberSupreme Court of Connecticut · 1828
- Merrils v. Tariff Manufacturing Co.Supreme Court of Connecticut · 1835
- Major v. PulliamCourt of Appeals of Kentucky · 1835
- Bateman v. GoodyearSupreme Court of Connecticut · 1838
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Vratsenes v. N. H. Auto, Inc.Supreme Court of New Hampshire · 1972
- Beckwith v. BeanSupreme Court of the United States · 1879