Gerrish v. Edson
Superior Court of New Hampshire
THIS was an action on the case against the defendant, as sheriff of the county of Grafton, for taking insufficient: bail on a writ in favor of the present plaintiff against one Samuel Tay. The cause was tried here on the general issue at the last term, and evidence introduced of judgments recovered against Tay, and also against his bail, the executions on both of which were returned unsatisfied.
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THIS was an action on the case against the defendant, as sheriff of the county of Grafton, for taking insufficient: bail on a writ in favor of the present plaintiff against one Samuel Tay. The cause was tried here on the general issue at the last term, and evidence introduced of judgments recovered against Tay, and also against his bail, the executions on both of which were returned unsatisfied. Some testimony was also offered, to shew that the principal and bail were both poor at the time of the commencement of the original suit, and that this was known to the sheriff when he served the…
1Opinion of the CourtWoodbury, J.
The question as to the rule of damages in this class of actions is one of some difficulty.
*83The verdict of the jury had settled the fact, that the defendant knowingly violated his duty in taking insufficient hail. For the injury resulting from that wrong the plaintiff has instituted the present action on the case ; in which, most unquestionably, he is entitled to recover all the damage produced by the defendant's misconduct. The amount of that damage is the only dispute; and though this was, as questions of this kind always must be, determined by a jury, yet the court possessed and exercised…
2Cases cited6 opinions
- Potter v. LansingNew York Supreme Court · 1806
- Sparhawk v. BartletMassachusetts Supreme Judicial Court · 1806
- Rice v. HosmerMassachusetts Supreme Judicial Court · 1815
- Long v. BillingsMassachusetts Supreme Judicial Court · 1813
- Sherwood v. PearlSupreme Court of Vermont · 1802
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Gordon v. EdsonSuperior Court of New Hampshire · 1819
- Hills v. HoittSuperior Court of New Hampshire · 1846