Spaulding v. Northumberland
Supreme Court of New Hampshire
Bill in Equity, for an injunction to restrain the further prosecution of an action at law upon the plaintiff’s agreement to indemnify the town of Northumberland against loss on account of releasing an attachment. Facts found by the court.
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Bill in Equity, for an injunction to restrain the further prosecution of an action at law upon the plaintiff’s agreement to indemnify the town of Northumberland against loss on account of releasing an attachment. Facts found by the court. About the first of April, 1877, Charles Cobleigh, collector of taxes of Northumberland for the years 1870, 1871,1872, and 1874, being in default in the performance of his duties as collector, went away out of the state with no definite intention as to returning, leaving his tax-lists and warrants with directions that they should be delivered to the selectmen…
1Opinion of the CourtSmith, J.
1. The defendants are not, as matter of law, chargeable with negligence by reason of not having had the question of the right to a homestead determined, in the mode prescribed in Gen. Laws, c. 138, .s. 20, before completing the levy. Whether they were negligent in this respect is a question of fact which has been found in their favor. Furthermore, the plaintiff, at the time of the levy, concurred in the conclusion of the defendants, that Cobleigh and wife were not entitled to a homestead, and that it was safe to disregard their demand. Having assented to the levying of the execution without…
2Cases cited1 opinion
- Northumberland v. CobleighSupreme Court of New Hampshire · 1879
3Cited by2 opinions
- Wolthausen v. TrimpertSupreme Court of Connecticut · 1919
- Halleck v. BresnahenWyoming Supreme Court · 1883