Pickering v. Coleman
Superior Court of New Hampshire
Trespass, for taking and carrying away a chaise and harness, alleged to belong in part to the plaintiffs. The defendant pleaded the general issue, with a brief statement, setting forth that he was collector of highway taxes in Newington, and that the chaise and harness were taken and sold, to pay the highway taxe’s of James A. Pickering and others, and that the proceeds of the sale, after deducting the amount of the taxes, &c., were returned to Martha Pickering.
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Trespass, for taking and carrying away a chaise and harness, alleged to belong in part to the plaintiffs. The defendant pleaded the general issue, with a brief statement, setting forth that he was collector of highway taxes in Newington, and that the chaise and harness were taken and sold, to pay the highway taxe’s of James A. Pickering and others, and that the proceeds of the sale, after deducting the amount of the taxes, &c., were returned to Martha Pickering. It appeared in evidence that Martha Pickering and her five children owned the chaise and harness. They all lived together as one…
1Opinion of the CourtGilchrist, J.
In the case of Pickering vs. Pickering & a., Rockingham, December term, 1840, 11 N. H. Rep. 141, it was settled that the tax, for the non-payment of which the defendant sold the chaise in question, was illegally assessed. And the only question now made by the defendant is, whether the suit should not have been brought by the administrator of the estate, of which the chaise was a part, instead of the plaintiffs.
The estate once owned a chaise, rvhich was disposed of, together with some money of the estate, and the chaise in question purchased. Suppose the administrator might pursue the chaise,…
2Cases cited1 opinion
- Pickering v. PickeringSuperior Court of New Hampshire · 1840
3Cited by4 opinions
- Leach v. PillsburySuperior Court of New Hampshire · 1844
- Bassett v. Salisbury Manufacturing Co.Superior Court of New Hampshire · 1854
- Emery v. BerrySuperior Court of New Hampshire · 1854
- Church v. ClarkeSuperior Court of New Hampshire · 1853