Breck v. Blanchard
Superior Court of New Hampshire
Trespass. The plaintiff’s declaration contained two counts. In the first, it was alleged, that “ the defendants on &c., at &c.,. assaulted and imprisoned the plaintiff, until they compelled him, to gain his liberty, to pay $309.08,” &c.; and in the second, it was alleged, that “ the defendants on &c., at &c., assaulted and imprisoned the plaintiff twenty-two days, without any lawful or probable cause, whereby the plaintiff was injured, &c., and, to gain his liberty, was…
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Trespass. The plaintiff’s declaration contained two counts. In the first, it was alleged, that “ the defendants on &c., at &c.,. assaulted and imprisoned the plaintiff, until they compelled him, to gain his liberty, to pay $309.08,” &c.; and in the second, it was alleged, that “ the defendants on &c., at &c., assaulted and imprisoned the plaintiff twenty-two days, without any lawful or probable cause, whereby the plaintiff was injured, &c., and, to gain his liberty, was compelled to pay $271.53, and was compelled to submit to arbitration certain demands, &c., by which he was compelled to pay…
1Opinion of the Court
Reel, J,
The third and fourth replications are substantially alike. They furnish no answer to the plea. They neither deny the material facts alleged, nor confess and avoid them, unless they can be considered as a substantial denial of that allegation in the plea on which the whole defence hinges, to wit, that the execution in favor of Sabin against the plaintiff was, during all the time the trespass is alleged to have been continued, in full force, and in no wise paid or satisfied.
To make a payment effectual to dischai’ge a debt of any kind, it must be proved to have been made and received in…
2Cases cited6 opinions
- State v. MooreSuperior Court of New Hampshire · 1841
- Barrett v. WhiteSuperior Court of New Hampshire · 1825
- Richardson v. DuncanSuperior Court of New Hampshire · 1826
- Shaw v. SpoonerSuperior Court of New Hampshire · 1838
- Burnham v. SpoonerSuperior Court of New Hampshire · 1840
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