Plaisted v. Holmes
Supreme Court of New Hampshire
Trover, for a horse, being the action reported ante, p. 293. The evidence there reported was again introduced at the second trial. Gray, and his mortgagee, and the attaching creditor agreed in writing that the officer who attached the horse should sell it by auction, and apply the proceeds to the payment of the mortgage debt, and the balance to the payment of the debt of the attaching creditor.
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Trover, for a horse, being the action reported ante, p. 293. The evidence there reported was again introduced at the second trial. Gray, and his mortgagee, and the attaching creditor agreed in writing that the officer who attached the horse should sell it by auction, and apply the proceeds to the payment of the mortgage debt, and the balance to the payment of the debt of the attaching creditor. In accordance with this agreement, but in his official capacity, and not as agent of the parties to the agreement, the officer sold the horse, and the defendant bought it. The proceeds being less than…
1Opinion of the CourtClark, J.
A question of law once decided at the law term is not reconsidered in the same case except on a motion for a rehearing. Bell v. Lamprey, 58 N. H. 124. The question upon which the plaintiff desired to take the verdict of the jury was determined adversely to the plaintiff upon a former trial (ante, p. 293), and the evidence being the same as at the former trial, the request was properly denied.
The plaintiff’s title being invalid as to Gray’s creditors was invalid against the defendant, who derived his title from an attachment and sale of the horse by a creditor of Gray. The legality of the sale…
2Cases cited1 opinion
- Bell v. LampreySupreme Court of New Hampshire · 1877
3Cited by2 opinions
- Olney v. RailroadSupreme Court of New Hampshire · 1904
- Adams Female Academy v. AdamsSupreme Court of New Hampshire · 1889