Bissell v. Huntington
Superior Court of New Hampshire
After an attachment of property, if the sheriff deliver it to a third person onhis receipt to account for the same, and the engagement is not fulfilled, the sheriff ought, in an action upon the receipt, to take judgment for the full value of the property. If the property has not been returned to the debtor, and the sheriff takes judgment for less than its value, he is liable to the debtor in a special action on the case for the deficiency.
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After an attachment of property, if the sheriff deliver it to a third person onhis receipt to account for the same, and the engagement is not fulfilled, the sheriff ought, in an action upon the receipt, to take judgment for the full value of the property. If the property has not been returned to the debtor, and the sheriff takes judgment for less than its value, he is liable to the debtor in a special action on the case for the deficiency. But he is not liable to him in an action of trover, if the debtor assented to the receipt of the property, and no tortious act has been committed upon it.…
1Opinion of the Court
Woodbury, 3.
pro curia. In this case we are satisfied, that the defendant erred in not taking judgment for the full value of that horse, which had not been returned by the re-ceipter to the present plaintiff. Because, although the full value of that horse was not wanted by the creditor, yet the debtor’s rights ought also to be protected ; and he was entitled after satisfaction of the debt, to have the residue of the full value of his property returned to himself.
Moreover, it is obvious that in cases like the present, the debtor has no remedy for this error, except by an action against the…
2Cases cited6 opinions
- Gelston v. HoytCourt for the Trial of Impeachments and Correction of Errors · 1816
- Denton v. LivingstonNew York Supreme Court · 1812
- Livermore v. BagleyMassachusetts Supreme Judicial Court · 1807
- Poole v. SymondsSuperior Court of New Hampshire · 1818
- Linnendoll v. Doe & TerhuneNew York Supreme Court · 1817
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Kittredge v. WarrenSuperior Court of New Hampshire · 1844