Webster v. Harper
Superior Court of New Hampshire
Assumpsit on a written contract, made by the defendant on the 16th October, 1830, to deliver to the plaintiff, a deputy sheriff, certain goods which the plaintiff had that day attached by virtue of a writ in favor of Ward and Quincy against Abraham Harper.
Read the full summary
Assumpsit on a written contract, made by the defendant on the 16th October, 1830, to deliver to the plaintiff, a deputy sheriff, certain goods which the plaintiff had that day attached by virtue of a writ in favor of Ward and Quincy against Abraham Harper. The cause was tried upon the general issue, at November term, 1833. It appeared that the defendant made the contract stated in the declaration ; that Ward and duincy recovered judgment against Abraham Harper, at November term, 1830, for $77,75 debt, and $7.52 costs ; that execution issued on the judgment on the 15th November, 1830, and was…
1Opinion of the CourtRichardson, C. J.
If in this case the first attachment was valid, the second attachment was void. From the very nature of the thing there cannot be two valid attachments of the same goods by different officers at the same time. 2 N. H. R. 66; 5 N. H. R. 527, Dunklee vs. Fales.
If the second attachment was void, and the first valid, it is very clear, as the goods have gone into the hands of the *597officer who made the first attachment, this action cannot be maintained. It is settled that it is a good defence in an action upon a receipt like this, that the plaintiff has no claim to the goods, and that they have gone…
2Cited by2 opinions
- Blaisdell v. LaddSuperior Court of New Hampshire · 1843
- Pike v. PikeSuperior Court of New Hampshire · 1852