Clark v. Tilton
Supreme Court of New Hampshire
Trespass, for assault and false imprisonment. Trial by jury and verdict for the plaintiff. Transferred from the April term, 1906, of the superior court by Chamberlin, J. The plaintiff and one Frost were formerly partners in a general store in Windham. In March, 1904, the partnership was dissolved, the plaintiff assuming the firm’s indebtedness. The defendant Tilton was a creditor to the amount of $858.69, and held notes of the firm for the indebtedness.
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Trespass, for assault and false imprisonment. Trial by jury and verdict for the plaintiff. Transferred from the April term, 1906, of the superior court by Chamberlin, J. The plaintiff and one Frost were formerly partners in a general store in Windham. In March, 1904, the partnership was dissolved, the plaintiff assuming the firm’s indebtedness. The defendant Tilton was a creditor to the amount of $858.69, and held notes of the firm for the indebtedness. March 15, 1904, the plaintiff mailed Tilton a check for $300 and a new note for the balance of the old debt. In an accompanying letter he…
1Opinion of the CourtBingham, J.
Every arrest is prima facie a trespass (Jackson v. Knowlton, 173 Mass. 94; 12 Am. & Eng. Enc. Law, 2d ed., 724); and according to the rule of the common law, an officer could not avail himself of civil or criminal process to justify an arrest, unless he returned the writ or produced the prisoner with the warrant before the court to which the process was returnable (Barrett v. White, 3 N. H. 210, 229; Parker v. Pattee, 4 N. H. 530; Poor v. Taggart, 37 N. H. 544; Taylor v. Jones, 42 N. H. 25; Boston & Maine R. R. v. Small, 85 Me. 462; Wright v. Marvin, 59 Vt. 437; Gibson v. Holmes, 78 Vt. 110;…
2Cases cited16 opinions
- Wood v. GravesMassachusetts Supreme Judicial Court · 1887
- Brock v. StimsonMassachusetts Supreme Judicial Court · 1871
- Jackson v. KnowltonMassachusetts Supreme Judicial Court · 1899
- White v. Apsley Rubber Co.Massachusetts Supreme Judicial Court · 1902
- Everett v. HendersonMassachusetts Supreme Judicial Court · 1888
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3Cited by6 opinions
- Oxford v. BerryMichigan Supreme Court · 1918
- Vernon v. Plumas Lumber Co.California Court of Appeal · 1925
- Bowles v. CreasonOregon Supreme Court · 1938
- Kredit v. RyanSouth Dakota Supreme Court · 1942
- State v. Spirituous LiquorsSupreme Court of New Hampshire · 1909
1 more not listed; retrieve them via the Exa API.