Moore v. Bowman
Supreme Court of New Hampshire
Trespass for taking the plaintiff’s mare. Plea, the general issue, with a statement that the defendant, being a deputy of the sheriff, took the mare on writs against Azariah W. Moore as his property. On trial it appeared that the mare belonged to the plaintiff. There was no evidence that she was liable to be taken for the plaintiff’s debt, or that he was in debt.
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Trespass for taking the plaintiff’s mare. Plea, the general issue, with a statement that the defendant, being a deputy of the sheriff, took the mare on writs against Azariah W. Moore as his property. On trial it appeared that the mare belonged to the plaintiff. There was no evidence that she was liable to be taken for the plaintiff’s debt, or that he was in debt. It was proved that Azariah W. Moore was in embarrassed circumstances when the mare was attached, and had been for several years before. The attachment was made in the stable belonging to Knapp’s hotel in Littleton, on the 8th of…
1Opinion of the CourtBellows, J.
If there was a fraudulent contrivance between the plaintiff and his brother, A. W. Moore, to induce the officer to attach the plaintiff’s mare, instead of one of the Bronson horses, by holding-out that mare to be one "of those horses, either by representation or acts, and the officer, relying upon such holding out, had attached the mare, and suffered the Bronson horse to escape, the plaintiff would be estopped to set up title to the mare in himself. Drew v. Kimball, 43 N. H. 282. To have this effect, however, the defendant must actually have been misled by the plaintiff’s conduct, and induced…
2Cases cited6 opinions
- Treat v. BarberSupreme Court of Connecticut · 1828
- Bigelow v. TopliffSupreme Court of Vermont · 1853
- Pratt v. BryantSupreme Court of Vermont · 1848
- Holbrook v. HydeSupreme Court of Vermont · 1828
- Beach v. SchmultzIllinois Supreme Court · 1858
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
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- Pittsburg v. DanforthSupreme Court of New Hampshire · 1875