Loanes v. Gast

This is an action of tort brought by a mortgagee of personal property against a constable who had attached it upon a writ against a third person. The plaintiff’s right to maintain his action depends upon the sufficiency of a notice given by him to the defendant in these words: “You having attached on mesne process . . . [certain chattels] as the property of James Loanes, I hereby give you notice that I am the holder of a mortgage on said property and I hereby demand that you pay the amount of said mortgage, to wit, the sum of One hundred and fifty dollars. Said mortgage is dated October…