Tyler v. Flanders
Supreme Court of New Hampshire
From Cobs Circuit Court. •Case against the defendants,&emdash;Hiram D. Flanders, Erastus Hibbard, and Otis Young, — as selectmen of Stewartstown, for fraudulently and maliciously raising the valuation of the plaintiff’s farm from $1,500 to $2,000, in April, 1871; and, at the same time, fraudulently and maliciously taxing a horse to the plaintiff which he did not own. Trial at the February term, 1873, of the Supreme Judicial Court, before Foster, J., and a jury.
Read the full summary
From Cobs Circuit Court. •Case against the defendants,&emdash;Hiram D. Flanders, Erastus Hibbard, and Otis Young, — as selectmen of Stewartstown, for fraudulently and maliciously raising the valuation of the plaintiff’s farm from $1,500 to $2,000, in April, 1871; and, at the same time, fraudulently and maliciously taxing a horse to the plaintiff which he did not own. Trial at the February term, 1873, of the Supreme Judicial Court, before Foster, J., and a jury. The declaration contains a count in trover for the conversion of the plaintiff’s mare, of the value of $125. Plea, the general issue.…
1Opinion of the Court
FROM COOS CIRCUIT COURT. In this case, at the first trial, there was a verdict for the defendants on the first count, and the jury did not agree on the second. The only exceptions, therefore, are those made by the plaintiff to the matters in evidence relating to the first count. The gist of this count was the malicious over-valuation of the property. It was necessary to show that it was over-valued, and that the over-valuation was malicious. To rebut any evidence of malice, it was competent for the defendants to show by the defendant Young the circumstances under which the valuation was…
2Cases cited5 opinions
- Lisbon v. LymanSupreme Court of New Hampshire · 1870
- Walker v. SawyerSuperior Court of New Hampshire · 1842
- Eastman v. MartinSuperior Court of New Hampshire · 1848
- The LESSEE OF ALBERTSON v. RobesonSupreme Court of the United States · 1764
- Gordon v. NorrisSuperior Court of New Hampshire · 1854