Hill v. Spear
Supreme Court of New Hampshire
Trover, by Joseph G. Hill against Justin Spear, a deputy sheriff', for attaching property on a writ in favor of William Stewart against Dudley B. Emerson. The taking was admitted. The plaintiff's claim to a portion of the property was founded on an alleged purchase from Emerson, the validity of which was disputed by the defendant. One question on trial was, whether Stewart was a creditor of Emerson.
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Trover, by Joseph G. Hill against Justin Spear, a deputy sheriff', for attaching property on a writ in favor of William Stewart against Dudley B. Emerson. The taking was admitted. The plaintiff's claim to a portion of the property was founded on an alleged purchase from Emerson, the validity of which was disputed by the defendant. One question on trial was, whether Stewart was a creditor of Emerson. It appeared that Stewart lived in New York; that a liquor saloon was kept in Manchester, N. H., prior to June, 1865, by Elijah Perry; from June, 1865, to June, 1866, by Hill & Emerson; and after…
1DissentBellows, C. J.
The case finds that the liquors were sold on orders received by the plaintiffs in New York, where they carried on their business, and were delivered to carriers there, directed to Emerson the purchaser. And the first question is, whether the price could be recovered, if the seller knew, at the time of the sale, that they were bought to be sold in this State in violation of our laws, and they were so sold.
Second. Whether the seller could recover if he came into this State and solicited the buyer to purchase liquors, knowing they were to be sold contrary to our laws, and the buyer did…
2Cases cited4 opinions
- Aiken v. BlaisdellSupreme Court of Vermont · 1869
- Territt v. BartlettSupreme Court of Vermont · 1849
- Howe v. StewartSupreme Court of Vermont · 1868
- Wilson v. StrattonSupreme Judicial Court of Maine · 1860