Poole v. Symonds
Superior Court of New Hampshire
TROVER for a marc. The cause was* tried here at the last May term, upon the general issue, when it appeared m evidence that the mare once belonged to one Ezra Flanders ; that Ziba Huntington, a deputy sheriff’, having an execution in his hands in favour of P. Noyes against Flanders, for about 30 dollars debt and costs, on the 36th of June, 1817, seized the mare upon the execution ; that Flanders, being desirous to procure time to raise money and pay the execution, and…
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TROVER for a marc. The cause was* tried here at the last May term, upon the general issue, when it appeared m evidence that the mare once belonged to one Ezra Flanders ; that Ziba Huntington, a deputy sheriff’, having an execution in his hands in favour of P. Noyes against Flanders, for about 30 dollars debt and costs, on the 36th of June, 1817, seized the mare upon the execution ; that Flanders, being desirous to procure time to raise money and pay the execution, and thereby prevent the sale of the mare, requested Huntington to delay the sale, to which Huntington, who had been directed by…
1Opinion of the Court
The opinion of the court was delivered by
Richardson, C. J.
On behalf of the defendant it is contended that Poole has not a sufficient interest in the chattel in question to enable him to maintain this action, and several decisions in the supreme court of Massachusetts are relied upon as directly in point; and it is not to be doubted, that, if those decisions were correct, this objection must prevail. Rut the decisions in this state have been different. In the case of Eastman vs. Eastman, in the county of Hills-borough, December term, 1814, where the case was precisely like the present one,…
2Cases cited7 opinions
- Hoyt v. Gelston & SchenckNew York Supreme Court · 1816
- Thorp v. BurlingNew York Supreme Court · 1814
- Putnam v. WyleyNew York Supreme Court · 1811
- Barker v. MillerNew York Supreme Court · 1810
- Hotchkiss v. M'VickarNew York Supreme Court · 1815
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3Cited by9 opinions
- Cox v. EasleySupreme Court of Alabama · 1847
- Kittredge v. WarrenSuperior Court of New Hampshire · 1844
- Sinclair v. TarboxSuperior Court of New Hampshire · 1819
- Bassett v. Salisbury Manufacturing Co.Superior Court of New Hampshire · 1854
- Godfrey v. Pullman Co.Supreme Court of South Carolina · 1910
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