Legal Opinion

Abbott v. Strafford

Supreme Court of New Hampshire

Decided June 15, 1871PublishedCited by 1 opinion

Assumpsit, by Joseph S. Abbott, Wm. S. Warren, and Mark K. Foss, against the town of Strafford, to recover $200 reward offered by the selectmen of Strafford for the arrest and conviction of two persons who had committed a highway robbery in that town, April 19, 1867. No question was made but that the condition upon which the reward was to be paid had been performed; the defence was, that two other persons, — Warren Foye and Charles O. Hanson, — were entitled to a share of…

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Assumpsit, by Joseph S. Abbott, Wm. S. Warren, and Mark K. Foss, against the town of Strafford, to recover $200 reward offered by the selectmen of Strafford for the arrest and conviction of two persons who had committed a highway robbery in that town, April 19, 1867. No question was made but that the condition upon which the reward was to be paid had been performed; the defence was, that two other persons, — Warren Foye and Charles O. Hanson, — were entitled to a share of the reward, and ought to have been joined as plaintiffs in the suit. It appears that a day or two after the robbery,…

1Opinion of the Court

Foster, J. I.

It becomes immaterial to consider the plaintiffs’ exception to the admission of evidence tending to show that Foye and Hanson communicated information which led to the arrest of the robbers, since it is conceded by the plaintiffs in their argument that the jury found, by their verdict, that such information was not communicated, and the general verdict was in favor of the parties taking the exception.

II. The second exception in the case is taken by the defendants, to the exclusion of their offer to show that soon after the demand made by Abbott and Warren upon the selectman,…

2Cases cited2 opinions

  1. Raguet v. WadeOhio Supreme Court · 1829
  2. Austin v. Supervisors of Milwaukee CountyWisconsin Supreme Court · 1869

3Cited by1 opinion

  1. Jaffrey v. SmithSupreme Court of New Hampshire · 1911

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