Harrington v. Wadsworth
Supreme Court of New Hampshire
Case, against the defendant, a deputy sheriff, for neglecting to arrest on an execution in favor of the plaintiff one T. upon his surrender at the jail. The plaintiff recovered judgment against T. in an action of trover. The judgment record admitted in evidence showed that the property converted by T. consisted to a considerable extent of promissory notes.
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Case, against the defendant, a deputy sheriff, for neglecting to arrest on an execution in favor of the plaintiff one T. upon his surrender at the jail. The plaintiff recovered judgment against T. in an action of trover. The judgment record admitted in evidence showed that the property converted by T. consisted to a considerable extent of promissory notes. The defendant claimed that the plaintiff suffered no damage by tbe failure to arrest T., and introduced evidence tending to show that T. had no property, and that the converted notes were of no value. The court permitted the plaintiff’s…
1Opinion of the CourtCarpenter, J.
If T. was possessed of no attachable property, and had been guilty of no fraud, he was entitled to take the poor debtor’s oath (Gr. L., e. 241, ss. 3, 6, 7), and the damages caused to the plaintiff by the defendant’s neglect of duty were merely nominal. It is difficult to see what bearing T.’s intention to apply, or even his actual application, to take the oath could have upon the question whether he was entitled to take it; but if the evidence might properly have been received, it was so remote that no exception lies to its exclusion. State v. Railroad, 58 N. H. 410.
The plaintiff’s loss by…
2Cases cited1 opinion
- State v. Boston & Maine RailroadSupreme Court of New Hampshire · 1878
3Cited by8 opinions
- Story v. Concord & Montreal RailroadSupreme Court of New Hampshire · 1900
- Olney v. RailroadSupreme Court of New Hampshire · 1904
- Genest v. Odell Manufacturing Co.Supreme Court of New Hampshire · 1909
- Burnham v. StillingsSupreme Court of New Hampshire · 1911
- Hinman v. Director General of RailroadsSupreme Court of New Hampshire · 1920
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