Tucker v. Tilton
Supreme Court of New Hampshire
This cause — Betsy Tucker, administrator, against Samuel J. Tilton— was referred under the provisions of the judiciary act of 1874. The referee reported his conclusions of facts and law as follows: This is an action of trespass for taking fifteen tons of hay. The plea is the general issue, and a brief statement justifying the taking by the defendant, as a deputy sheriff, upon a writ of attachment.
Read the full summary
This cause — Betsy Tucker, administrator, against Samuel J. Tilton— was referred under the provisions of the judiciary act of 1874. The referee reported his conclusions of facts and law as follows: This is an action of trespass for taking fifteen tons of hay. The plea is the general issue, and a brief statement justifying the taking by the defendant, as a deputy sheriff, upon a writ of attachment. The referee found the following facts to be proven: Daniel M. Sargent, then and now residing in Tilton, being justly indebted to the plaintiff in about the sum of $350 upon a note for $538, dated…
1Opinion of the Court
The case of Young v. Walker, 12 N.H. 502, seems a direct authority to the point that the knowledge of the officer was the knowledge of the plaintiff in the writ of attachment. In that case, the property, having been attached, had gone back into the hands of the debtor; and it was held that the person making a second attachment could not do so if he knew that the property was under attachment, and that there was an unrescinded contract of bailment. It was held that the officer was the agent of the party suing out the writ, for the purpose of taking notice of the former attachment. A principal…
2Cases cited5 opinions
- Ash v. SavageSuperior Court of New Hampshire · 1831
- Gooding v. RileySupreme Court of New Hampshire · 1870
- Patten v. MooreSupreme Court of New Hampshire · 1855
- Stowe v. MeserveSuperior Court of New Hampshire · 1842
- Young v. WalkerSuperior Court of New Hampshire · 1842
3Cited by3 opinions
- Hawthorne Trust v. Maine Savings BankSupreme Court of New Hampshire · 1992
- Fletcher v. ChamberlinSupreme Court of New Hampshire · 1881
- Clark v. TarbellSupreme Court of New Hampshire · 1876