Paddock v. Palmer
Supreme Court of Vermont
■ Appeal from the court of chancery. The orator alleged in his bill, that on the sixteenth day of March, 1836, the defendants James Palmer, Lebbeus H. Chase, Francis B. Hall, Benjamin Hall and William F. Dickinson, doing business under the firm of Palmer, Chase & Co., prayed out a writ of attachment in their favor against one Jonathan Houghton, demanding in damages the sum of six hum dred dollars, and delivered the same to the defendant Thomas Jame-son, sheriff, for service;…
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■ Appeal from the court of chancery. The orator alleged in his bill, that on the sixteenth day of March, 1836, the defendants James Palmer, Lebbeus H. Chase, Francis B. Hall, Benjamin Hall and William F. Dickinson, doing business under the firm of Palmer, Chase & Co., prayed out a writ of attachment in their favor against one Jonathan Houghton, demanding in damages the sum of six hum dred dollars, and delivered the same to the defendant Thomas Jame-son, sheriff, for service; that Jameson attached thereon certain property, and took the receipt of the orator and Houghton therefor ; that at the…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
This is a case, which is certainly very peculiar in its facts and circumstances, but not, we think, involving any difficulty in its principles. That creditors should seriously insist upon collecting two hundred dollars from the receipt man, in the name of the sheriff, after the original debt is confessedly paid, is a case, which it is believed will not often occur. It is one, which needs only to be stated, to have its injustice, severity and cruelty felt by all, whose hearts are not wholly callous to every generous sentiment, and equally…
2Cited by4 opinions
- Sims v. RigginsSupreme Court of Alabama · 1917
- Wheaton v. ThompsonSupreme Court of Minnesota · 1873
- James A. Shedd & Co. v. Bank of BrattleboroSupreme Court of Vermont · 1860
- McDermott v. JaquithSupreme Court of Vermont · 1914