Hardy v. Nye
Supreme Court of New Hampshire
Debt, upon Gen. Laws, a. 144, s. 10, to recover twice the value of two sheep and two lambs of the plaintiff, alleged to have been found by the defendant and taken into his possession, whereof he neglected to give notice to the town-clerk of Roxbury, as required by law. Facts found by a referee, upon an appeal from the judgment of a justice of the peace.
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Debt, upon Gen. Laws, a. 144, s. 10, to recover twice the value of two sheep and two lambs of the plaintiff, alleged to have been found by the defendant and taken into his possession, whereof he neglected to give notice to the town-clerk of Roxbury, as required by law. Facts found by a referee, upon an appeal from the judgment of a justice of the peace. The declaration contained no allegation that the owner of the animals .was unknown,1 and the defendant, at the hearing before, the referee, filed a general demurrer.
1Opinion of the CourtBlodgett, J.
Chapter 144 of the Gen. Laws, relative to strays and lost goods, does not require the taker-up or finder to give notice in the manner there specified, if the owner is known (Jones v. Smyth, 18 N. H. 119); and as the plaintiff’s declaration does not allege that the owner of the animals in question was not known to the defendant, it consequently states no cause of action entitling the plaintiff to the recovery of the statutory penalty for the neglect to give such notice. Nor will an amendment of the declaration in this respect be permitted, because amendments are allowed solely for the…
2Cases cited2 opinions
- Stebbins v. Lancashire Ins.Supreme Court of New Hampshire · 1879
- Redding v. DodgeSupreme Court of New Hampshire · 1879
3Cited by5 opinions
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