Stevens v. Eames
Superior Court of New Hampshire
Trover, for three horses, one wagon, and three harnesses. The writ was dated March 17th, 1849. The defendants pleaded, severally, the general issue.
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Trover, for three horses, one wagon, and three harnesses. The writ was dated March 17th, 1849. The defendants pleaded, severally, the general issue. In support of his action, the plaintiff introduced in evidence the following receipt, and proved its execution. . “ Received of Herod Stevens, deputy sheriff of the county of Grafton, for safe keeping, the following property: three horses, of the value • of $150; one gig wagon, of the value of $25; three harnesses, of the value of $40 ; all of the above property attached as the property of J ames H. Eames, on a writ in favor of Benjamin F. Neal,…
1Opinion of the CourtEastman, J.
It is well settled, that trover will lie against the receiptor of property attached, whether the action be brought by the sheriff to whom the receipt is given, or in his name, for the benefit of those whose rights depend upon it. Webb v. Steele, et al., 13 N. H. Rep. 230; Cargill v. Webb, 10 N. H. Rep. 199 ; Baker v. Knapp, et al., 6 Johns. Rep. 195 ; Hotchkiss v. McVicar, 12 Johns. Rep. 407 ; 2 Saunders, 47 (a.)
A question is raised as to the legality of the mortgage from Eames to the Bank; it being contended that Cossit, the cashier, had no authority to execute the mortgage on behalf of the…
2Cases cited5 opinions
- Wheelock v. WheelwrightMassachusetts Supreme Judicial Court · 1809
- Forbes v. MarshSupreme Court of Connecticut · 1843
- Webb v. SteeleSuperior Court of New Hampshire · 1842
- Cargill v. WebbSuperior Court of New Hampshire · 1839
- Barron v. DavisSuperior Court of New Hampshire · 1828