Cross v. Brown
Supreme Court of New Hampshire
Trover, for two horses, of the value of §100 eaeb. Plea, the general issue. It appeared, that the plaintiff was a deputy sheriff, in the year 1852, and had in his hands two writs in favor of different plaintiffs, and both against one Greenleaf E. Smith; that said Smith then owned a span of bay horses, one of which said Cross attached and returned on each writ; that said Smith procured the defendant to sign a receipt in common form to said Cross for these two horses, and that…
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Trover, for two horses, of the value of §100 eaeb. Plea, the general issue. It appeared, that the plaintiff was a deputy sheriff, in the year 1852, and had in his hands two writs in favor of different plaintiffs, and both against one Greenleaf E. Smith; that said Smith then owned a span of bay horses, one of which said Cross attached and returned on each writ; that said Smith procured the defendant to sign a receipt in common form to said Cross for these two horses, and that in said receipt said horses were valued at $100 each; and the evidence tended to show that said Cross, after service of…
1Opinion of the CourtSargent, J.
Tbe instructions wbicb were requested to be given to tbe jury were properly withheld. This question is settled in Phelps v. Grilchrist, 28 N. H. 266, where it is held that any other officer beside tbe one who made tbe attachment, may make the demand upon the receiptor as tbe agent of the attaching officer; and if be makes de-jnand without showing or stating bis right or authority thus to demand it, yet, if his authority be not questioned at the time of demand, it will be considered as admitted, and the objection waived. But if he were to show the ■written receipt, and make the demand upon it,…
2Cases cited6 opinions
- Jackson ex dem. Sternberg v. ShafferNew York Supreme Court · 1814
- Bridge v. JohnsonCourt for the Trial of Impeachments and Correction of Errors · 1830
- Bliss v. BallNew York Supreme Court · 1812
- Allen v. CartySupreme Court of Vermont · 1846
- Sterns v. PattersonNew York Supreme Court · 1817
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