Sinclair v. Tarbox
Superior Court of New Hampshire
Trespass and case are sometimes concurrent remedies; and though the latter would be moie proper under certain circumstances, yet the former remedy, if attempted, is to be supported wherever a tort has bften committed on property, in which the plaintiff has an interest and possession actual of constructive.
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Trespass and case are sometimes concurrent remedies; and though the latter would be moie proper under certain circumstances, yet the former remedy, if attempted, is to be supported wherever a tort has bften committed on property, in which the plaintiff has an interest and possession actual of constructive. When a sheriff delivers property to a receipter, and the receipter delivers it to a third person, whose servant removes and leaves it at a distance, trespass lies agajnst. the servant, though ignorant, at the time of tiie removal, of the sheriff's interest in the property. The rule of…
1Opinion of the CourtWoodbury, J.
In this case the first objection is to the form of the action.
But the inclination of courts should be to prevent the delay, inconvenience and cost of another action, whenever the present one has merits, and can be supported on any fair construction of legal principles.(1)
On the facts of this case, trover is the more usual remedy, and would certainly have been safer.(2) But trespass also will lie if a tort has been committed, and the plaintiff having an interest in the sleigh, had also an actual, or the right to an actual possession of it. 1 N. H. Rep. 110, Clark vs. Carlton.—Wells et al. vs.…
2Cases cited3 opinions
- Higginson v. YorkMassachusetts Supreme Judicial Court · 1809
- Poole v. SymondsSuperior Court of New Hampshire · 1818
- Clark v. CarltonSuperior Court of New Hampshire · 1817
3Cited by4 opinions
- Young v. WalkerSuperior Court of New Hampshire · 1842
- Chandler v. WalkerSuperior Court of New Hampshire · 1850
- Flanders v. ColbySuperior Court of New Hampshire · 1853
- Wheat v. NorrisSuperior Court of New Hampshire · 1842