Webb v. Steele
Superior Court of New Hampshire
Trover for four horses and other property, valued at $530. The writ was dated May 6, 1839. At the first term, the defendants pleaded the general issue, and the action was continued.
Read the full summary
Trover for four horses and other property, valued at $530. The writ was dated May 6, 1839. At the first term, the defendants pleaded the general issue, and the action was continued. At November term, 1841, they filed a second plea, in bar of the further maintenance of the action, alleging that since the then last continuance, to wit: on the 15th of November, 1841, the plaintiff, by his writing of release, under his hand and seal, released and discharged the defendants from all cause of action in said suit. The plaintiff replied, that the supposed writing of release was had and obtained from…
1Opinion of the CourtParker, C. J.
The defendants by their receipt acknowledged that they received the property claimed in this suit, and promised to return it. Having failed to do this, when demanded, trover will lie. Cargill vs. Webb, (10 N. H. Rep. 199.)
Two of those who signed the receipt seem to have been defendants in the action upon which the attachment was made, and it does not appear that the third did not receive the property into his possession. If he did not, it may well be doubted whether he or they could be permitted to show that fact in avoidance of the receipt, the officer having made a return that he had…
2Cases cited4 opinions
- Jones v. WitterMassachusetts Supreme Judicial Court · 1816
- Whitney v. FarwellSuperior Court of New Hampshire · 1838
- Cargill v. WebbSuperior Court of New Hampshire · 1839
- Horn v. WhittierSuperior Court of New Hampshire · 1833
3Cited by5 opinions
- Owen v. WestonSupreme Court of New Hampshire · 1885
- Bryant's CaseSuperior Court of New Hampshire · 1851
- Hodgdon v. MerrillSuperior Court of New Hampshire · 1852
- Hill v. WigginSuperior Court of New Hampshire · 1855
- Stevens v. EamesSuperior Court of New Hampshire · 1851