Legal Opinion

Smith v. Moore

Superior Court of New Hampshire

Decided July 15, 1845PublishedCited by 1 opinion

Trespass, for taking and carrying away a quantity of lumber. It appeared that on the 10th day of August, 1837, one David Trafton, to secure the payment of the amount due on his note for $1,000, payable to the plaintiff, mortgaged a quantity of lumber, described as “ all the lumber that belongs to me, manufactured or in the log, at the mills in Bethlehem owned by Stevens and others, and also at the mills in the same town owned by Sibley and others — the whole valued at $500.…

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Trespass, for taking and carrying away a quantity of lumber. It appeared that on the 10th day of August, 1837, one David Trafton, to secure the payment of the amount due on his note for $1,000, payable to the plaintiff, mortgaged a quantity of lumber, described as “ all the lumber that belongs to me, manufactured or in the log, at the mills in Bethlehem owned by Stevens and others, and also at the mills in the same town owned by Sibley and others — the whole valued at $500. This mortgage was not regularly recorded, and the defendants had no notice of it. The defence was, that the defendant,…

1Opinion of the CourtGilchrist, J.

By the attachment of the goods in controversy, which was made on the 14th of August, 1837, at the suit of Moore, Gile, the officer who served the process, obtained possession of them, with the right of disposing of them in the manner incident to such possession, and to the proper and effectual discharge of his duties. If he abused the process by Avhich he obtained that possession, by converting the goods to his own use, by destroying them, or unnecessarily suffering them to be destroyed, or by appropriating them to objects not warranted by the purpose for which he held them, then he and his…

2Cases cited2 opinions

  1. Whittier v. VarneySuperior Court of New Hampshire · 1839
  2. Parker v. PatteeSuperior Court of New Hampshire · 1829

3Cited by1 opinion

  1. Jaffrey v. SmithSupreme Court of New Hampshire · 1911

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