Holt v. Burbank
Supreme Court of New Hampshire
Trover for goods attached by the plaintiff as a deputy of the sheriff on sundry writs of mesne process against Robert W. Pratt.
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Trover for goods attached by the plaintiff as a deputy of the sheriff on sundry writs of mesne process against Robert W. Pratt. The goods were delivered by the plaintiff to the defendants on their giving him a writing acknowledging the receipt of the goods, stating that they were attached in those suits as the property of Pratt and containing the following stipulation : "And we hereby promise and agree to deliver the same, or their value, to said Holt, or order, on demand in good order and condition as the same now are in, free from all charge and expense to said Holt.” The goods were valued…
1Opinion of the CourtPerley, C. J.
The officer Avho attaches goods in mesne process, has only a special property in them ; and this special property depends on his liability to answer for the goods to the attaching creditor or to the debtor; when his liability is discharged his special property ceases.
If the officer delivers the goods to another to be kept for him as his bailee, the bailee without any special contract is bound to deliver the goods to the officer on demand, unless at the time of the demand the officer’s liability for the goods has been discharged; but if his liability has been discharged the bailee will be…
2Cases cited6 opinions
- Morris v. SmithTennessee Supreme Court · 1849
- Webster v. CoffinMassachusetts Supreme Judicial Court · 1817
- Sibley v. StorySupreme Court of Vermont · 1836
- Brown v. GleedSupreme Court of Vermont · 1860
- Page v. ThrallSupreme Court of Vermont · 1839
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