Ladrick v. Briggs
Massachusetts Supreme Judicial Court
Tort against a deputy of the sheriff of Essex for false imprisonment of the plaintiff. The defendant justified under the writ in an action brought in the superior court for Worcester by William O. Blaney against Ladrick, upon which he arrested Laárick; the validity of which arrest was the issue in this suit.
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Tort against a deputy of the sheriff of Essex for false imprisonment of the plaintiff. The defendant justified under the writ in an action brought in the superior court for Worcester by William O. Blaney against Ladrick, upon which he arrested Laárick; the validity of which arrest was the issue in this suit. At the trial in the superior court, before Pitman, J., no question was made as to the regularity of the process upon which the arrest was made, or of its return; but the plaintiff relied upon the fact, which he offered evidence tending to prove, that before arresting him the defendant…
1Opinion of the CourtChapman, C. J.
The plaintiff is estopped in this action to say that the defendant attached his goods on the writ; because he represented to the defendant that they were not his, and thereby induced the defendant to abandon his attachment of them and arrest his body. A representation thus acted upon operates as an estoppel upon the party making it. Wallis v. Truesdell, 6 Pick. 455. Dewey v. Field, 4 Met. 381. The attachment being abandoned, the arrest of the defendant was legal, though the defendant left the goods where they were, and only returned them within a reasonable time afterwards. The word release,…
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