Breck v. Blanchard
Superior Court of New Hampshire
Trespass, for assault on the 16tli day of June, 1847, and imprisoning tbe plaintiff, and holding him in prison until he paid the sum of $309.08, to procure his release.
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Trespass, for assault on the 16tli day of June, 1847, and imprisoning tbe plaintiff, and holding him in prison until he paid the sum of $309.08, to procure his release. Also on the same day assaulting and imprisoning the plaintiff’ six hours, and detaining him in goal without any probable cause, and compelling him to pay $270.53, and to submit to certain unlawful demands, which the defendants had against him, and to the award of Edes and Gilmore, by which he was compelled to pay the further sum of $37.55. The defendants pleaded, 1. The general issue. 2. That. at the April term of the Court of…
1Opinion of the CourtWilcox, J.
The plaintiff in this case declares in trespass for false imprisonment. The defendant justifies under an execution issued upon a judgment recovered against the plaintiff and two others; which at the time of the issuing of the execution was in full force, not reversed or annulled, or in any part satisfied. The plaintiff replies that after the execution was issued, and before the arrest, two, who with him were the judgment-debtors, paid the judgment to H. Hubbard, and concludes the replication with a formal traverse, “without this, that at the time when the arrest was made, the said judgment…
2Cases cited15 opinions
- Jackson ex dem. Anderson v. AndersonNew York Supreme Court · 1830
- Jackson ex dem. Saunders v. CadwellNew York Supreme Court · 1824
- Ladd v. BluntMassachusetts Supreme Judicial Court · 1808
- Hammatt v. WymanMassachusetts Supreme Judicial Court · 1812
- Swan v. Saddlemire & WoodNew York Supreme Court · 1832
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